SALMURI VENKATESWARA RAO v. The State of Andhra Pradesh,
WP/35972/2022 · 2025-11-20
Venkata Jyothirmai Pratapa
body2025
DailyLaw.ai
[ 2025 DAILYLAW 55315 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 55315 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Dr.VJP,J W.P.No.35972 of 2022 APHC010596442022
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)
FRIDAY,THE TWENTY FIRST DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 35972 OF 2022 Between:
1. SALMURI VENKATESWARA RAO, S/o Suryarao, Hindu, aged about 52 years, Occ Videographer, R/o Door No. 6-145, Velama Peta, Rayavaram mandal, Kakinada district, Erstwhile East Godavari District. 2. Kunireddy Konda Babu, S/o Satyanarayana, Hindu, aged about 38 years, R/o Door No. 16-15-67, Nuvvulagunta Veedhi, Peddapuram village and mandal, Kakinada district, Erstwhile East Godavari District. 3. Nalam Apparao, S/o Musalayya, Hindu, aged about 54 years, R/ o Church veedi, Rayavaram village, Rayavaram mandal, Kakinada district Erstwhile East Godavari District ...Petitioners AND
1. The State of Andhra Pradesh, Represented by its Principle Secretary, Home Department, Secretariat Buildings, Velagapudi at Amaravathi, Guntur District. 2. The Superintendent of Police, East Godavari District presently Kakinada district, at Kakinada
3. The Station house officer, Rayavaram Police Station, Rayavaram mandal, Kakinada district, Erstwhile East Godavari District
Dr.VJP,J W.P.No.35972 of 2022
4. Yadla Hymavathi W, /o Chinnam Naidu, Hindu, aged about 50 years, Occ Home Maker, R/o D.No. 6-205/1, Rayavaram village, Rayavaram mandal, Kakinada district, Erstwhile East Godavari 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 topleased to issue a Writ or order or direction more particularly one in the nature of WRIT OF CERTIORARI calling for the records pertaining to C.0 No. 979 of 2022 in Cr.No. 114/2022 pending on the file of Honorable Judicial First Class Magistrate, Anaparthi and declare that filing of charge sheets against the petitioners herein by the Respondent No.3 without properly conducting the investigation and without whispering about their conduct being alleged against them as nothing but illegal and arbitrary and consequently quash C.C. No. 979 of 2022 in Cr. No. 114/2022 pending on the file of Judicial First Class Magistrate, Anaparthi, East Godavari District and pass Counsel for the Petitioners: A K KISHORE REDDY Counsel for the Respondents: GP FOR HOME
Dr.VJP,J W.P.No.35972 of 2022 The Court made the following ORDER:
1.
This Writ Petition is filed with the following prayer:
“…to issue a Writ or order or direction more particularly one in the nature of WRIT OF CERTIORARI calling for the records pertaining to C.0 No. 979 of 2022 in Cr.No. 114/2022 pending on the file of Honorable Judicial First Class Magistrate, Anaparthi and declare that filing of charge sheets against the petitioners herein by the Respondent No.3 without properly conducting the investigation and without whispering about their conduct being alleged against them as nothing but illegal and arbitrary and consequently quash C.C. No. 979 of 2022 in Cr. No. 114/2022 pending on the file of Judicial First Class Magistrate, Anaparthi, East Godavari District …
2. Heard Sri A.K.Kishore Reddy, learned counsel for the petitioners and V.Farooq, learned Assistant Government Pleader for Home for respondents. 3. Learned counsel for the petitioners submit that court may pass appropriate orders. 4. Learned Assistant Government Pleader would submit that the present writ petition which was filed under Article 226 of the Constitution of India is not maintainable seeking for quash of a criminal proceedings, since cognizance has been taken in the said case, as per the principles laid down by the Hon’ble Apex Court in Neeta Singh Vs. State of Uttar Pradesh1. 5. Recording the same, the writ petition is disposed of. 1 SLP (Cri.) No. 13578 of 2024, dated 15.10.2024
Dr.VJP,J W.P.No.35972 of 2022
As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed. ________________________________________
Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA
Date: 21.11.2025 Dvs
Dr.VJP,J W.P.No.35972 of 2022
THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA 349
WRIT PETITION NO: 35972 OF 2022 Date: 21.11.2025 Dvs