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2025 DAILYLAW 8031 (AP)

K ADINARAYANA v. THE STATE OF AP

WP/3676/2019 · 2025-09-01

B V L N Chakravarthi

body2025

Judgment text

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APHC010083662019 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3368] TUESDAY,THE SECOND DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE BVLN CHAKRAVARTHI WRIT PETITION NO: 3676/2019 Between: 1. K ADINARAYANA, S/O K.C.PAKKIRAPPA AGED ABOUT 33 YRS, OCC UNEMPLOYEE R/O D.NO. 4-86, KAMSALA STREET, KALYANADURGAM TALUQ, ANANTHAPURAMU DISTRICT ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT 2. THE DIRECTOR GENERAL, OF ANDHRA PRADESH MANGALAGIRI MANDAL, GUNTUR DISTRICT ANDHRA PRADESH 3. THE SUPERINTENDENT OF POLICE, ANANTAPURAMU, ANANTAPURAMU DISTRICT ANDHRA PRADESH 4. THE DEPUTY SUPERINTENDENT OF POLICE, DISTRICT SPECIAL BRANCH, ANANTAPURAMU, ANANTAPURAMU DISTRICT ANDHRA PRADESH 5. THE STATION HOUSE OFFICER, ANANTAPURAMU I TOWN POLICE STATION, ANANTAPURAMU DISTRICT ANDHRA PRADESH 2 6. S VIJAYA BHASKAR GAUD, S/O NOT KNOWN TO PETITIONER CIRCLE INSPECTOR OF POLICE, ITOWN POLICE STATION, ANANTAPURAMU DISTRICT ANANTAPURAMU DISTRICT ANDHRA PRADESH 7. RAMESH, S/O NOT KNOWN TO PETITIONER HEAD CONSTABLE I TOWN POLICE STATION, ANANTAPURAMU ANANTAPURAMU DISTRICT 8. THE HEAD CONSTABLE, NO.768/790 I TOWN POLICE STATION, ANANTAPURAMU ANANTAPURAMU DISTRICT. 9. K RAMA KRISHNA, S/O NOT KNOWN TO PETITIONER CONSTABLE I TOWN POLICE STATION, ANANTAPURAMU ANANTAPURAMU DISTRICT 10. K NAGENDRA, S/O RAMAIAH AGED ABOUT 47 YRS, OCC RMP DOCTOR DOOR NO.14-72, VIJAYANAGAR COLONY, ANANTAPURAMU, ANANTAPURAMU DISTRICT 11. K SARASWATHI, W/O NAGENDRA AGED ABOUT 40 YRS, OCC HOUSEWIFE DOOR NO.14-72, VIJAYANAGAR COLONY, ANANTAPURAMU, ANANTAPURAMU DISTRICT 12. THE MEDICAL OFFICER, GOVERNMENT GENERAL HOSPITAL ANANTAPURAMU, ANANTAPURAMU DISTRICT ...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 to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus questioning the inaction of the respondents 2 to 5 in taking necessary steps on representation dt.21.02.2019 of 3 the petitioner with regard to conducting proper enquiry and to take necessary action against the respondents 6 to 9 misusing of power of illegal detention of the petitioner on 21-12-2018 in Crime No.355 of 2018 and sending to jail is highly illegal, arbitrary and in violation of Article 14, 19 (g) and 21 of the Constitution of India and also in violation of principles of natural justice and pass 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 to direct the respondents 1 to 5 to conduct proper enquiry and to take necessary action against the respondents 6 to 9 for misusing of power of illegal detention of the petitioner on 21-12-2018 and sending to jail, pending disposal of the writ petition and pass IA NO: 2 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 To amend the writ prayer as well as interim prayer in the above said writ petition no.3676 of 2019 as Crime No.427 of 2018 dated 11-12-2018 for offence U/s 506,509 IPC sec.67 of IT act instead of the Crime No.355 of 2018 and pass 4 IA NO: 3 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 To Receive the filing of the documents copy of the FIR in crime No. 309 of 2019, letter dated 02.08.2019 and other relevant documents same may be received as additional evidence in the above said W.P No. 3676 of 2019 and pass Counsel for the Petitioner: 1. TOTA TEJESWARA RAO Counsel for the Respondent(S): 1. GP FOR HOME (AP) 5 THE HONOURABLE SRI JUSTICE B.V.L.N. CHAKRAVARTHI WRIT PETITION NO: 3676 of 2019 The Court made the following Order: Heard Sri Tota Tejeswara Rao, learned counsel for the petitioner and Smt.A.Jayanthi, learned Government Pleader for Home representing the State. 2. The contention of the petitioner is that respondent Nos.2 to 5 are not taking any action on the petitioner’s representation dated 21.02.2019 regarding misuse of powers of respondent Nos.6 to 9/police officials in connection with Crime No.427 of 2018 of Aanantapuramu I Town Police Station, Anantapuramu District. 3. Learned Government Pleader for Home denied the contention of the petitioner stating that the petitioner is seeking disciplinary action against respondent Nos.6 to 9 for the alleged misconduct. But, in the light of arrangement of the District Police Authorities in the State of Andhra Pradesh, the petitioner is at liberty to approach the concerned District Police Authority, for necessary relief, in accordance with law. 6 4. In view of the submission made by learned Government Pleader for Home, this Court is of the opinion that no further orders are required to be passed in the present Writ Petition. 5. Accordingly, the Writ Petition is closed, at the stage of admission itself, with a liberty to the petitioner to approach the concerned District Police Authority, for necessary relief. No order as to costs. Interlocutory applications, if any, pending shall stand closed. ______________________________ JUSTICE B.V.L.N. CHAKRAVARTHI Dated: 02.09.2025 PSA 7 THE HONOURABLE SRI JUSTICE B.V.L.N. CHAKRAVARTHI WRIT PETITION NO: 3676 of 2019 Date: 02.09.2025 PSA