APHC010243922021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] MONDAY, THE SIXTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 14051/2021 Between: 1. GUMMADI SRINIVASU, S/O POTHU RAJU, HINDU,AGED ABOUT 36 YEARS,OCC. WASHERMAN, R/O.D.NO.2-119, RAJAKULAPETA, KOVVADA(V), KAKINADA RURAL MANDAL, EAST GODAVARI DISTRICT, ANDHRA PRADESH. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 2. THE SUPERINTENDENT OF POLICE, EAST GODAVARI DISTRICT AT KAKINADA 3. THE INSPECTOR OF POLICE, KAKINADA 3 TOWN(LANDO) POLICE STATION, KAKINADA SUB-DIVISION, EAST GODAVARI DISTRICT. 4. THE STATION HOUSE OFFICER, KAKINADA 3 TOWN(LANDO) POLICE STATION, KAKINADA SUB-DIVISION, EAST GODAVARI DISTRICT. 5. DHARMAVARAPU SRINIVAS, S/O LATE SATYAM, AGE . 40 YEARS, OCC . EMPLOOYEE AT COLLECTOR OFFICE, R/O D.NO. 2-119/1, RAJAKAPETA, KOVVADA VILLAGE, KAKINADA RURAL, EAST GODAVARI DITSRICT. ...RESPONDENT(S): 2 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 to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus, declaring that the inaction of the Respondent No.1 to 4 for taking action following the procedure established by law under Criminal Procedure Code, 1973 against the Respondent No 5 in FIR No. 160 of 2019 in the file of the 4th Respondent as he is committed a grave offence Under Section 65, 66(D) Of IT Act, and also illegal, arbitrary in violation of Article 14, 19, 21 of Constitution of India IA NO: 1 OF 2021 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 to direct the 4th respondent to arrest the 5th respondent in connection with FIR No. 160 of 2019 in the file of the 4th Respondent pending disposal of the above Writ Petition pending disposal of the above writ petition Counsel for the Petitioner: 1. DASARI S V V S V PRASAD Counsel for the Respondent(S): 1. GP FOR HOME 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 14051 of 2021 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 declaring that the inaction of the Respondent Nos.1 to 4 for taking action following the procedure established by law under Criminal Procedure Code, 1973 against the Respondent No.5 in FIR No.160 of 2019 on the file of the 4th Respondent as he is committed a grave offence Under Section 65, 66(D) of IT Act and also illegal, arbitrary in violation of Article 14, 19, 21 of Constitution of India, and to pass….” 2. Heard Sri T.D.Phani Kumar, learned counsel for the petitioners and Sri V.Farooq, learned Assistant Government Pleader for Home. 3. Learned Assistant Government Pleader for Home, on instructions, would submit that during the course of investigation, police served notice to the accused on 15.02.2021 and charge sheet was filed on the file of the IV Additional Judicial First Class Magistrate, Kakinada on 09.08.2021 and the case is PT vide in C.C.No.1613 of 2023 on the file of the IV Additional Judicial First Class Magistrate, Kakinada. 4. Learned counsel for the petitioner would submit that recording the same, the petition may be disposed of. 5. Recording the above said submissions, the Writ Petition is disposed of. There shall be no order as to costs. 4 As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 06.10.2025 SNI 5 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.14051 of 2021 Dated.06.10.2025 SNI 34