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2026 DAILYLAW 9639 (AP)

Motupalli Narasimha Raju v. The State of Andhra Pradesh

WP/16465/2026 · 2026-09-09

Nyapathy Vijay

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010312162026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] THURSDAY, THE 10th DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 16465/2026 Between: 1. MOTUPALLI NARASIMHA RAJU, S/O NEELAKANTESWARA RAO, AGE 53YRS, OCCU- ASSISTANT SUB INSPECTOR OF POLICE, GAJUWAKA TRAFFIC POLICE STATION, (NOW UNDER SUSPENSION), RIP PLOT 339, RH COLONY, NEW DIBBAPALEM, PEDAGANTYADA, VISAKHAPTNAM-530044 ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY HOME DEPARTMENT, AP SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT, ANDHRA PRADESH-522503. 2. THE COMMISSIONER OF POLICE, VISAKHAPATNAM CITY, ANDHRA PRADESH-530002. 3. THE ADDITIONAL DEPUTY COMMISSIONER OF POLICE ADMIN, VISAKHAPATNAM CITY, ANDHRA PRADESH-530002. 4. THE ASSISTANT COMMISSIONER OF POLICE, SOUTH SUB- DIVISION, GAJUWAKA, VISAKHAPATNAM CITY-530026. 5. ASSISTANT COMMISSIONER OF POLICE, (CRIMES- DEPARTMENTAL ENQUIRY OFFICER), VISAKHAPATNAM CITY-530002. 6. INSPECTOR OF POLICE, GAJUWAKA LAW AND ORDER 2 POLICE STATION, VISAKHAPATNAM CITY-530026. 7. SRI C H UMA KANTH INSPECTOR OF POLICE, CITY VR,(PRESENTING OFFICER IN DEPARTMENTAL ENQUIRY APPOINTED BY THE COMMISSIONER OF POLICE, VISAKHAPATNAM CITY) VISAKHAPATNAM CITY- 530002. 8. PEDDINTI SANYASI NAIDU, , S/O GOVINDA, AGED ABOUT 32YRS, CASTE BY K VELAMA, RIO DR.NO 16-38-45/1, L V NAGAR -14, OLD GAJUWAKA VISAKHAPATNAM, OCCU P.C 3957 POLICE CONSTABLE WORKING AT GAJUWAKA TRAFFIC POLICE STATION, VISAKHAPATNAM CITY- 530026. 9. DODDI SEKHAR, S/O CHINNA RAO, AGED 31 YRS, CASTE BY PADMASALI , OCCU PC-1443 POLICE CONSTABLE, CHINTAPALLI POLICE STATION, ASR DISTRICT, A.P., RIO DR.NO 1-9-4ANJAYYA COLONY,GANDHINAGAR, ANAKAPALLI-531001. 10. SRIDARAPU TRINADH, S/O SAMBASIVARAO, AGED 53YRS, CASTE BY T KAPU, OCCU HOME GUARD -379, DUVVADA TRAFFIC POLICE STATION, KURMANNAPALEM, VISAKHAPATNAM CITY, RIO WARD-1, KALASI COLONY, NARSIPATNAM ,ANAKAPALLI DISTRICT-531116. 11. EGALA RAVI, S/O PYDI RAJU, AGED 52YRS, CASTE BY YADAV, OCCU GUARD- 406, WORKING AT CIVIL SUPPLY OFFICE GAJUWAKA, A.P., RIO DR.NO-61-2- 14/V, RAMAKRISHNA NAGAR, MALKAPURAM, VISAKHAPATNAM CITY-530011. 12. KARAKA SRINU, S/O RAMANA MURTHY, OCCU PC 3122 POLICE CONSTABLE, WORKING PRESENTLY AT GAJUWAKAL AND O PS, VISAKHAPATNAM CITY, RIO DR.NO.8- 197, SC AND BC COLONY, POLICE STATION BACK SIDE, AGENCY LAXMIPURAM VILLAGE , GOLUGONDA MANDAL, ANAKAPALLI DISTRICT-531084. 13. PACHILA NANAJI, S/O ESWARA RAO, OCCU PC 3072 POLICE CONSTABLE, IV TOWN TRAFFIC POLICE STATION,VISAKHAPATNAM CITY, R/O UR.NO.18-90-5/1, VISAKHA CENTRAL CHOUTRI, MAHARANIPETA, 3 VISAKHAPATNAM CITY-530002. HOME ...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 an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the proceedings initiated by the respondents through the Charge Memo dated 06.02.2026, proposing departmental enquiry against the petitioner as it is biased charge memo and also arbitrary, illegal, mala fide, biased, violative of the principles of natural justice and Articles 14 and 21 of the Constitution of India, and consequently set aside/quash the said Charge Memo dated 06.02.2026 and all consequential proceedings arising therefrom, and pass IA NO: 1 OF 2026 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 stay all further proceedings pursuant to the Charge Memo dated 06.02.2026, including the departmental enquiry initiated against the petitioner, as the witnesses in the criminal case and in the departmental enquiry are same and consequently restrain the respondents from proceeding further with the enquiry in any manner whatsoever as it is a biased charge memo, in the interest of justice and pending final adjudication of the Writ Petition. Counsel for the Petitioner: 1. SRAVAN KUMAR NAIDANA Counsel for the Respondent(S): 1. GP FOR SERVICES I The Court made the following: 4 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.16465 of 2026 ORDER: 1. Learned counsel for the Petitioner seeks permission of the Court to withdraw the Writ Petition with a request to grant liberty to the Writ Petitioner to file a fresh Writ Petition. 2. Permission is accorded. 3. Accordingly, the Writ Petition is dismissed as withdrawn, granting liberty to the Petitioner to file Writ Petition afresh. 4. No order as to costs. 5. As a sequel, miscellaneous petitions, pending if any, shall stand closed. ________________________ JUSTICE NYAPATHY VIJAY Date: 10.09.2026 chs 5 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY 68 WRIT PETITION No.16465 of 2026 Dated: 10.09.2026 chs