MARISETTY NAGAMALLESWARA SWAMY v. THE STATE OF ANDHRA PRADESH
WP/33512/2023 · 2025-12-03
Venkata Jyothirmai Pratapa
body2025
DailyLaw.ai
[ 2025 DAILYLAW 52107 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 52107 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010648382023
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)
THURSDAY,THE FOURTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 33512 OF 2023 Between:
1. MARISETTY NAGAMALLESWARA SWAMY, S/o Bangarayya, Aged about 49 years, R/o D.No. 41-1/19-2, flat no. TF-3, A.B Towers, Balaji Nagar, Krishna Lanka,Vijayawada, NTR District ...Petitioner AND
1. THE STATE OF ANDHRA PRADESH, Rep. by its Principal Secretary, Home Department, Secretariat, Amaravathi. 2. The Commissioner of Police, Vijayawada City, NTR District
3. The Station House Officer, Krishnalanka Police Station, Vijayawada, NTR District. 4. Avinash, S/o not know to the petitioner, Age Major, o/o Asset Recovery Branch, Andhra Bank Building, RR Apparao Street, Vijayawada, NTR District
5. Branch Head, Asset Recovery Branch, Andhra Bank Building, RR Apparao Street, Vijayawada, NTR District ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be
pleased tomay be pleased to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus to declare the inaction of the respondent No. 3 in taking legal action against the unofficial respondent Nos.
4 and 5 as per the criminal complaint dated 11-12-2023 and threatening to implicate the petitioner in false criminal case under SC, ST (POT) act in order to deter him to prosecute his case as arbitrary and illegal and consequently direct the respondent No. 3 take stringent legal action against respondent No. 4 and 5 and pass such IA NO: 1 OF 2023 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased may be pleased to issue direction to respondent No. 3 forth with take stringent legal action against respondent No. 4 and 5 pending disposal of the Writ Petition and to pass such Counsel for the Petitioner: THADIKONDA KOTESHWARA PRASAD Counsel for the Respondents: GP FOR HOME Counsel for the Respondents:V DYUMANI
THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 33512 OF 2023 The Court made the following order:
This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for:
“…pleased to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus to declare the inaction of the respondent No. 3 in taking legal action against the unofficial respondent Nos. 4 and 5 as per the criminal complaint dated 11-12-2023 and threatening to implicate the petitioner in false criminal case under SC, ST (POT) act in order to deter him to prosecute his case as arbitrary and illegal and consequently direct the respondent No. 3 take stringent legal action against respondent No. 4 and 5 and pass such other order or orders…”
2. Heard
learned Counsel for the petitioner and Sri V. Farooq, learned Assistant Government Pleader for Home for the respondents.
3.
Learned counsel for the petitioners would submit that the relief has become infructuous in this matter as the crime was registered against the accused persons/unofficial respondent Nos.4 and 5.
4. Learned Assistant Government Pleader is in attendance.
5. Recording the same, the Writ Petition is dismissed since the relief has become infructuous. No order as to costs.
As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATAJYOTHIRMAI PRATAPA Date:04.12.2025 Ksj