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2025 DAILYLAW 56137 (AP)

RADHA KRISHNA AUTOMOBILE PRIVATE LIMITED v. THE STATE OF ANDHRA PRADESH

WP/24379/2023 · 2025-12-08

Venkata Jyothirmai Pratapa

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010472732023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY,THE NINTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 24379/2023 Between: 1. RADHA KRISHNA AUTOMOBILE PRIVATE LIMITED, D.NO.4-151, NH-5, PRASADAMPADU, VIJAYAWADA, ANDHRA PRADESH - 521 108, REPRESENTED BY ITS AUTHORIZED REPRESENTATIVE MR.M.V. SRINIVAS. 2. M/S. RADHA MADHAV AUTOMOBILE PRIVATE LIMITED,, D.NO.4- 151, NH-5, PRASADAMPADU, VIJAYAWADA, ANDHRA PRADESH - 521 108, REPRESENTED BY ITS AUTHORIZED REPRESENTATIVE MR.M.V. SRINIVAS. 3. YASHODA KRISHNA AUTOMOBILE PRIVATE LIMITED,, D.NO.4-151, NH-5, PRASADAMPADU, VIJAYAWADA, ANDHRA PRADESH - 521 108, REPRESENTED BY ITS AUTHORIZED REPRESENTATIVE MR.M.V. SRINIVAS. 4. LEELA KRISHNA AUTOMOBILE PRIVATE LIMITED,, D.NO.4-151, NH- 5, PRASADAMPADU, VIJAYAWADA, ANDHRA PRADESH - 521 108, REPRESENTED BY ITS AUTHORIZED REPRESENTATIVE MR.M.V. SRINIVAS. 5. MAGANTI SUBRAMANYAM,, S/O. VENKATESHWARLU, AGE. 90 YEARS, OCC. BUSINESS, CHAIRMAN OF M/S.YASHODA KRISHNA AUTOMOBILES PVT.LTD. R/O. H.NO.40-15-8/2, BRUNDAVAN COLONY,BABBIPETA, VIJAYAWADA. 6. MAGANTI MADHUSUDHANA SARMA,, S/O. SUBRAMANYAM, AGE. 56 YEARS, OCC. BUSINESS, DIRECTOR OF M/S.YASHODA KRISHNA AUTOMOBILES PVT.LTD. R/O. H.NO.40-15-8/2, BRUNDAVAN COLONY,BABBIPETA, VIJAYAWADA. 7. MAGANTI VENKATA SRINIVAS,, S/O. SUBRAMANYAM, AGE. 60 YEARS, OCC. BUSINESS, DIRECTOR OF M/S.YASHODA KRISHNA AUTOMOBILES PVT.LTD. R/O. H.NO.40-15-8/2, BRUNDAVAN COLONY,BABBIPETA, VIJAYAWADA. 8. MAGANTI CHANDRAYNOULI,, S/O. SUBRAMANYAM, AGE. 54 YEARS, OCC. BUSINESS, DIRECTOR OF M/S.YASHODA KRISHNA AUTOMOBILES PVT.LTD. R/O. H.NO.40-15-8/2, BIRUNDAVAN COLONY,BABBIPETA, VIJAYAWADA. 9. NETHIS SHEKAR, , S/O. NETHIS RAMA SUBBA RAO AGE. 56 YEARS, OCC. BUSINESS, R/O.H.NO.1013/29, BARKATPURA, NEAR KACHIGUDA JUNIOR COLLEGE, BARKATPURA, HYDERABAD - 500 027. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI. 2. THE DEPUTY GENERAL OF POLICE, GOVERNMENT OF ANDHRA PRADESH, MANGALAGIRI, GUNTUR DISTRICT. 3. TOYOTA KIRLOSKAR MOTOR PRIVATE LIMITED, PLOT NO.1, BIDADI INDUSTRIAL AREA, RAMANAGARA DISTRICT, KARNATAKA - 562109, REP. BY ITS AUTHORIZED REPRESENTATIVE MR.DEEPAK RAO K R, WORKING AS COMPANY SECRETARY AND MANAGER - LEGAL AND SECRETARIAL DIVISION. 4. THE STATION HOUSE OFFICER SHO, , BOMMURU, EAST GODAVARI DISTRICT, A.P. 5. VALLABASETTI RAMA SATISH, DUPPALAPUDI VILLAGE, ANAPARTHI MANDAL, EAST GODAVARI DISTRICT. 6. CHELLARAPU RAMESH NAIDU, MRF TYRES UPSTAIRS, BYPASS ROAD, BELAM, PARVATHIPURAM VIZIANAGARAM. ...RESPONDENT(S): 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, Order or Direction, more particularly one in the nature of Writ of Mandamus declaring the action of the Respondent Nos.2 and 4 in not closing the FIR No. 30/2023 on the file of SHO Bommuru U/s 420 r/w 34 IPC and Respondent No.6 herein instituted C.C.No.22/2023 on the file of I Addl. Judicial Magistrate of First Class at Parvathipuram as illegal, arbitrary and consequently direct the official respondent Nos.2 and 4 not to take any coercive steps including arrest against the Petitioners herein in furtherance in case of issuing any FIR or FIRs against the petitioners as the matter is in civil nature and disputes are pending between Petitioners and Respondent No.3 before the Sole Arbitrator appointed by the Hon'ble Supreme Court of India Mr.Justice R.V.Raveendran, Former Judge of the Supreme Court of India, as per the directions of the Hon'ble Supreme Court, and to pass 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 pleased to stay all further proceedings in FIR No. 30/2023 on the file of SHO Bommuru U/s 420 r/w 34 IPC and Respondent No.6 herein instituted C.C.No.22/2023 on the file of I Addl. Judicial Magistrate of First Class at Parvathipuram including the arrest of the petitioners, pending disposal of the main Writ Petition and pass Counsel for the Petitioner(S): 1. P N ARUN KUMAR Counsel for the Respondent(S): 1. GP FOR HOME 2. K SARVA BHOUMA RAO THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 24379 of 2023 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “…to issue a Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus declaring the action of the Respondent Nos.2 and 4 in not closing the FIR No.30/2023 on the file of SHO Bommuru U/s 420 r/w 34 IPC and Respondent No.6 herein instituted C.C.No.22/2023 on the file of I Addl. Judicial Magistrate of First Class at Parvathipuram as illegal, arbitrary and consequently direct the official respondent Nos.2 and 4 not to take any coercive steps including arrest against the Petitioners herein in furtherance in case of issuing any FIR or FIRs against the petitioners as the matter is in civil nature and disputes are pending between Petitioners and Respondent No.3 before the Sole Arbitrator appointed by the Hon'ble Supreme Court of India Mr.Justice R.V.Raveendran, Former Judge of the Supreme Court of India, as per the directions of the Hon'ble Supreme Court, and to pass such other order.…” 2. None represented for the petitioners. It seems that the petitioners are not interested in prosecuting the writ petition. 3. Learned Assistant Government Pleader for Home for the respondents is in attendance. 4. In that view of the matter, the Writ Petition is dismissed for non- prosecution. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 09.12.2025. TVN HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.24379 of 2023 Dated.09.12.2025 TVN 97