MUPPAVARAPU HEMANTH KUMAR v. THE STATE OF ANDHRA PRADESH
WP/4670/2024 · 2025-08-04
Venkata Jyothirmai Pratapa
body2025
DailyLaw.ai
[ 2025 DAILYLAW 8180 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 8180 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010087332024
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY, THE FIFTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION No. 4670/2024 Between:
MUPPAVARAPU HEMANTH KUMAR, S/O. CHOWDHARY, AGED ABOUT 62 YEARS, R/O. DOOR NO. 11-140, K. SHANKAR RAO STREET, ASHOKNAGAR, MG ROAD, VIJAYAWADA. ...PETITIONER AND
1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT,SECRETARIAT, VELAGAPUDI, AMARAVATI, ANDHRA PRADESH. 2. THE SUPERINTENDENT OF POLICE, KRISHNA DISTRICT. 3. THE STATION HOUSE OFFICER, PENAMALURU POLICE STATION, KRISHNA DISTRICT. 4. THE BUREAU OF IMMIGRATION, REP BY ITS COMMISSIONER, EAST BLOCK- VIII, LEVEL-V, SECTOR-1, R.K.PURAM, NEW DELHI-
110066. 5. THE UNION OF INDIA, REP. BY ITS SECRETARY, MINISTRY OF HOME AFFAIRS, JAISALMER HOUSE, 26 MANSINGH ROAD, NEW DELHI. 6. MALLIPEDDI CHITTARANJAN, S/O. VENKATESWARA RAO, AGED ABOUT 60 YEARS,
INDIAN RESIDENCE A-6, SANTHI APARTMENTS, P AND T COLONY, NEAR SAI BABA TEMPLE, PATAMATA, VIJAYAWADA. ...RESPONDENT(S): Counsel for the Petitioner:
1. PULIPATI RADHIKA Counsel for the Respondent(S):
1. GP FOR HOME The Court made the following: ORDER:
This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for:
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“.... a Writ of Mandamus declaring the action of the Respondents herein, more particularly Respondent No.3 herein in not conducting proper investigation by not initiating steps under section 41 and 173 of Criminal Procedure Code and in attempting to withdraw/close the LOC issued vide proceedings No.1/SIC(ACK)/LOC/2024-1404 dated 29.01.2024 for conduct of investigation as against Respondent No.6 in FIR.No.649/2023 dated 27.08.2023 registered by the 3rd Respondent P.S. upon the complaint made by the Petitioner herein as being illegal, arbitrary, in violation of the provisions of the Code of the Criminal Procedure, 1973 and in violation of Articles 14 and 21 of the Constitution of India and conse4uently direct the Respondents No. 2 and 3 herein to conduct proper investigation as against the Respondent No.6 by adhering to the procedure for arrest prescribed in Section 41 and 173 of Criminal Procedure Code and keeping the LOC issued vide proceedings No.1/SIC(ACK)/LOC/2024-1404 dated 29.01.2024 open till completion of investigation as against Respondent No.6 in FIR.No.649 of 2023 dated 27.08.2023 on the file of the 3rd Respondent Police Station.”
2.
Sri S.S.Prasad, learned Senior Counsel representing Ms.Pulipati Radhika, learned counsel for the Petitioner would submit that no further orders are required in this matter since they have withdrawn the LOC and hence, the petition may be disposed of. 3. Sri Md.Farooq, learned Assistant Government Pleader for Home, would submit that the Court may pass appropriate orders. 4. Considering the submissions made, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed. ________________________________________ Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA Date:05.08.2025 Dinesh
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HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA
W.P.No.4670 of 2024
Dt.05.08.2025
Dinesh