APHC010693972025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] MONDAY,THE NINTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO: 35716/2025 Between: 1. GUDIMALLAM MURALI, S/O. LATE G.VENKATASWAMY, AGED ABOUT 68 YEARS, OCC RETIRED TEACHER, R/O. D.NO. 8-85, ROYAL NAGAR, 11TH CROSS, R.C. ROAD, TIRUPATI, TIRUPATI DISTRICT, PIN 517501. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT, PIN 522238. 2. SUPERINTENDENT OFPOLICE, TIRUPATI, TIRUPATI DISTRICT, PIN 517507. 3. DEPUTY SUPERINTENDENT OF POLICE, TIRUPATI, TIRUPATI DISTRICT, PIN 517507. 4. STATION HOUSE OFFICER, EAST POLICE STATION, TIRUPATI, TIRUPATI DISTRICT, PIN 517501 ...RESPONDENT(S): Counsel for the Petitioner: MUCHAKAYALA NARAYANA Counsel for the Respondent(S): 2 Dr. YLR, J W.P.No.35716 of 2025 Dated 09.03.2026 GP FOR HOME The Court made the following: ORDER: The Writ Petition has been filed under Article 226 of the Constitution of India seeking the following relief:- “…to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of respondents 1 to 4, particularly 4th respondent in not summoning and producing of witnesses LW-5 to LW-19 in CC No.320 of 2008 on the file of the court of learned II Additional Judicial Magistrate of First Class, Tirupati. In spite of order dated 16.07.2025 passed in W.P.No. 13902 of 2025 and declare the same as illegal, arbitrary, capricious manner and un constitutional and violative of Articles 14,16,19, 21 and 300-A of the Constitution of India and pass….” 2. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader. 3. Sri M. Narayana, learned counsel for the petitioner, submits that the learned II Additional Judicial Magistrate of First Class, Tirupati, has issued summons to LW5 to LW19 in C.C. No. 320 of 2008. However, respondent No. 4 has not taken necessary steps for service of those summons on the witnesses, thereby causing delay in the disposal of the old matter pending on the file of the learned Magistrate, Tirupati. 4. Sri P. Ajay Babu, learned Assistant Government Pleader, on written instructions, submits that the witnesses are residing in different places and are not available at the addresses previously mentioned. Therefore, 3 Dr. YLR, J W.P.No.35716 of 2025 Dated 09.03.2026 respondent No. 4 is making earnest efforts to serve summons on the witnesses. Hence, it is urged that the Writ Petition be dismissed. 5. Considering the above facts and circumstances, and recording the submissions of the learned Assistant Government Pleader, the Writ Petition is disposed of with a direction to respondent No. 4 to expedite the service of summons upon LW5 to LW19 in C.C. No. 320 of 2008 on the file of the learned II Additional Judicial Magistrate of First Class, Tirupati, as early as possible, preferably within a period of two months from the date of receipt of a copy of this order. In the event summons cannot be served on any of the witnesses for any reason, the Investigating Officer is granted liberty to approach the learned Judicial Magistrate and seek appropriate orders for issuance of either bailable warrants or non-bailable warrants. There shall be no order as to costs. As a sequel, Miscellaneous petitions, if any pending, shall stand closed. _________________________ DR. Y. LAKSHMANA RAO, J Date: 09.03.2026 PBS 4 Dr. YLR, J W.P.No.35716 of 2025 Dated 09.03.2026 254 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO: 35716 of 2025 Date: 09.03.2026 PBS