'ft ■ft IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY, THE EIGHTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 5055 OF 2024 Between: Surendra Babu @ Talari Surendra, S/o. T.Guravaiah Rtd. Employee, R/o H.No.26-16-26, Iskon City, Nellore, PSR Nellore District. ...PETITIONER aged 64 years, Occ: AND 1. The State of Andhra Pradesh, Rep by its Principal Secretary, Home Department, Secretariat Buildings, Velagapudi, Amaravathi, Andhra Pradesh State. 2. The Superintendent of Police, SPSR Nellore District at Nellore, Andhra Pradesh. 3. The Deputy Superintendent of Police, SPSR Nellore District at Nellore, Andhra Pradesh. 4. The Station House Officer, VTown Police Station, Nellore, SPSR Nellore District, Andhra Pradesh State. 5. Dr. Nagam Radhika, W/o Dr.Nagam Sai Murali, Age about 50 Occ: Doctor and Executive Director, Bollineni Eye Hospital, Nellore Town, SPSR Nellore District. (R5 is impleaded as per the Court's Order dt.28 11 2024 in I.A.No. 02 of 2024.) years. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the High Court may be pleased to issue an appropriate Writ, order or direction more particularly in the nature of WRIT OF MANDAMUS declaring the the circumstances stated in the affidavit filed therewith one action of Respondents in registering the FIR against the petitioner herein vide Crime No.237 of 2011, dated 02-11-2011 by the 4*^ respondent/V Town Police Station, Nellore, SPSR Nellore District, for the offences punishable under Sections 406 IPC, 419 IPC, 420 R/w 34 of IPC, as illegal, arbitrary, without evidence, against the provisions of Law and Practice and also against the principles of natural justice and Consequently Quash all further Proceedings against the petitioner herein in connection with Crime No.237 of 2011 dated 02-11-2011 on the file of V Town Police Station, Nellore, SPSR Nellore DistrictM**^ respondent. lA NO: 1 OF 2024 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 stay all further proceedings including appearance of the petitioner in Crime No.237 of 2011 dated 02-11 -2011, on the file of V Town Police Station, Nellore, SPSR Nellore District/4‘^ respondent, pending disposal of the above Writ Petition. Counsel for the Petitioner: SRI. BHANU MURTHY BALA Counsel for the Respondent Nos.1 to 4: ASST.GP FOR HOME Counsel for the Respondent No.5: The Court made the following: ORDER APHC010095332024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE EIGHTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE [3457] PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 5055/2024 Between: ...PETITIONER Surendra Babu @ Talari Surendra AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.BHANU MURTHY BALA Counsel for the Respondent(S): 1.GP FOR HOME(AP) The Court made the following Order: Heard learned counsel for the petitioner and learned Assistant Government Pleader appearing for the State. Learned counsel for the petitioner submits that the petitioner 2. is A3 in Crime No.237 of 2011 of Nellore V Town Police Station Nellore District. As there was stay of investigation as against the petitioner herein, the petitioner was not charge sheeted in the case. 2 After due investigation, the prosecution has filed charge sheet before the jurisdictional Court. On 29.06.2019, the case in CC No.545 of 2012 was ended in acquittal as against A4 to A6. Pursuant to the same, the prosecution has filed a petition to withdraw the case as against A1 to A3, wherein permission was granted by the Court on 13.01.2023 by dismissing the case as withdrawn, as against A1 to A3. He further submits that the petitioner remained as accused in the said FIR. Hence, the proceedings against the petitioner herein may be quashed. 3. Learned Assistant Government Pleader representing the State submits that the Court may pass appropriate orders. 4. Considering the facts and circumstances of the case, this Court deems it appropriate to quash all further proceedings in Crime No.237 of 2011 of Nellore V Town Police Station, Nellore District, as against the petitioner herein. 5. Accordingly, this Writ Petition is allowed. There shall be no order as to costs. Interlocutory applications, if any, penc^gig shall stand Sd/- K. TATA RAO GISTRAR closed. //TRUE COPY// DEPUTY pSECT OFFICER To, 1. The Principal Secretary, Home Department, State of Andhra Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. Pradesh ^ ' 2. The Superintendent of Police, SPSR Nellore District at Nellore, Andhra Pradesh. The Deputy Superintendent of Police, SPSR Nellore District at Nellore, Andhra Pradesh. The Station House Officer, VTown Police Station, Nellore, SPSR Nellore District, Andhra Pradesh State. Dr. Nagam Radhika, W/o Dr.Nagam Sai Murali, Age about 50 years, Occ; Doctor & Executive Director, Bollineni Eye Hospital, Nellore Town SPSR Nellore District. One CO to Sri Bhanu Murthy Bala, Advocate [OPUC] Two CCs to GP for Home, High Court of Andhra Pradesh. [OUT] Three CD Copies. 3. 4. 5. 6. 7. 8. gi HIGH COURT DATED:18/03/2025 ORDER j’ofANDH^^ WP.No.5055 of 2024 27 MAR 2025 ^ ^ . Curreni Secwon ALLOWING THE WRIT PETITION WITHOUT COSTS