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2025 DAILYLAW 58957 (AP)

Thota Ramu v. The State of Andhra Pradesh

WP/10177/2019 · 2025-12-28

B V L N Chakravarthi

body2025

Judgment text

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APHC010229942019 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3368] MONDAY,THE TWENTY NINETH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI WRIT PETITION NO: 10177/2019 Between: 1. THOTA RAMU, S/O.LATE T.PUNDARIKAKSHUDU HINDU, AGED 58 YEARS OCC-BUSINESS R/O.VENKATAYAPALEM POST ANDVILLA E RAMACHANDRAPURAM MANDAL E.G.DISTRICT, ANDHRA PRADESH ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY HOME DEPARTMENT A.P.SECRETARIAT, VELAGAPUDI AMARAVATHI, GUNTUR DISTRICT ANDHRA PRADESH 2. THE DIRECTOR GENERAL OF POLICE, STATE OF ANDHRA PRADESH, AMARAVATHI 3. THE DISTRICT COLLECTOR AND EXECUTIVE MAGISTRATE, KAKINADA, EAST GODAVARI DISTRICT, AP 4. KOTI CHINA RAJU, S/O.SRI K.MUTHYAM HINDU, AGED 48 YEARS, OCC-PRIVATE EMPLOYEE R/O.VENKATAYAPALEM VILLAGE RAMACHANDRAPURAM MANDAL EAST GODAVARI DISTRICT, AP 5. K V V S N MURTHY, ADVOCATE S/O.NOT KNOWN C/O.KOTI CHINA RAJU R/O.VENKATAYAPALEM VILLAGE RAMACHANDRAPURA MANDAL EAST GODAVARI DISTRICT, AP ...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 a writ, of mandamus declaring the G.O.Rt.No.637, Home (Courts-A) Department dti24-07-.2019 issued by the 1st respondent by appointing the 501 respondent as Special Public Prosecutor to conduct prosecution in S.C.No.2/2008 on the file of the Special Court for Trial of Criminal Cases involving elected MPs and MI,As of Andhra Pradesh at Vijayawada by exercising power- under Sub.Sec.(8) of Sec.24 of the Code of Criminal Procedure when the appointment of Special Public Prosecutor to conduct prosecution in the said case is in existence without any special circumstances to make such appointment as highly illegal, 2 arbitrary and colourable exercise of power with political motivation and contrary to law IA NO: 1 OF 2019 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 suspend the operation of the G.O.Rt.No.637, Home (Courts-A) Department dt.24-07-2019 issued by the 1st respondent pending disposal of the above writ petition Counsel for the Petitioner: 1. TURAGA SAI SURYA Counsel for the Respondent(S): 1. GP FOR HOME (AP) 2. GP FOR REVENUE (AP) 3. VEERABHADRA RAO KOPPISETTI The Court made the following: 3 THE HONOURABLE SRI JUSTICE B.V.L.N.CHAKRAVARTHI WRIT PETITION No.10177 of 2019 ORDER: Sri K. Prudhvi Raj, learned counsel representing Sri Turaga Sai Surya, learned counsel for the petitioner, would submit that the cause in the Writ Petition does not survive for further adjudication, and the Writ Petition has become infructuous. 2. Sri R. Mallikarjuna Rao, learned Assistant Government Pleader for Home, representing respondent Nos.1 and 2, is in attendance. 3. Recording the submission made by learned counsel for the petitioner, the Writ Petition is dismissed as infructuous. There shall be no order as to costs. As a sequel thereto, interlocutory applications, if any, pending in this Writ Petition shall stand closed. ______________________________ JUSTICE B.V.L.N. CHAKRAVARTHI 29th December, 2025 cbn 4 21 THE HONOURABLE SRI JUSTICE B.V.L.N. CHAKRAVARTHI WRIT PETITION No: 10177 OF 2019 29th December, 2025 cbn