Andhra Pradesh High Court
WP/37736/2014 of Vasireddy Venkateswara Rao Vs The State of Andhra Pradesh, rep. by Its Principal Secretary on 29 December 2023
COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) FRIDAY, THE TWENTY NINETH DAY OF DECEMBER TWO THOUSAND AND TWENTY THREE PRESENT THE HON’BLE DR JUSTICE K MANMADHA RAO WRIT PETITION NO: 37736 OF 2014 Between: Vasireddy Venkateswara Rao, S/o. Chandraiah, Aged 64 years,
IN THE HIGH COURT OF ANDHRA PRADESH:: AMARAVATI(Special Original Jurisdiction)
FRIDAY, THE TWENTY NINETH DAY OF DECEMBERTWO THOUSAND AND TWENTY THREE
PRESENT
THE HON’BLE DR JUSTICE K MANMADHA RAO
WRIT PETITION NO: 37736 OF 2014
Between:
Vasireddy Venkateswara Rao, S/o. Chandraiah, Aged 64 years,r/o. Bommuru,Rajahmundry Rural, East Godavari District.
...PETITIONER
AND
1.The State of Andhra Pradesh, rep. by Its Principal Secretary, (Home),Secretariat Buildings, HyderabadSecretariat Buildings, Hyderabad
2.The Station House Officer, Bommuru PS, Rajahmundry Rural, East GodavariDistrictDistrict
3.Duli Vijayaraju, S/o. Late Satyam Aged 35 years, Panchayat Secretary,Bommuru Gramapanchayat, 1-7-7, Rajaratna Theatre Road, MadigapetMandapet, Rajahmundry Rural, E.G.District.Bommuru Gramapanchayat, 1-7-7, Rajaratna Theatre Road, MadigapetMandapet, Rajahmundry Rural, E.G.District.
...RESPONDENTS
Petition under Article 226 of the Constitution of India praying that in thecircumstances statedintheaffidavitfiled therewith,theHighCourt may bepleased to call for the records and issue a Writ Petition, Order or direction, moreparticularly one in the nature of Writ of Certiorari and quash FIR No. 501 of 2014onthefileof theBommuruPS,RajahmundryRural,E.G.District,the2ndrespondentherein,asmisuseofprocessoflawviolativeofpetitioner'sfundamental rights as ensured under the constitution.
I.A. NO: 1 OF 2014fWPMP. NO: 47214 OF 2014)
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PetitionunderSection151CPCprayingthatinthecircumstancesstated in the affidavit filed in support of the writ petition, the High Court may be pleased to Stay all furtherproceedings, including thearrest of the petitioner inFIR. No.501of 2014on the file of the BommuruPS.Rjahmundry Rural, E.GDistrict,pending disposal of the Writ Petition.
Counsel for the Petitioner;SRI.M. SIVANANDA KUMARCounsel for the RespondentsNo.1,2:GP for HOMECounsel for the Respondent No.3:The Court made the following; ORDER
HON'BLE DRJUSTICE K.MANMADHA RAO
Writ Petition No.37736 of 2014
ORDER:
This Writ Petition is filed, under Article 226 of the Constitutionof India, seeking the following relief:
"....to call for the records and issue a Writ Orderor direction more particularly one in the nature of[Writ]of Certiorari and quash FIR.No. 501 of 2014 on the fileoftheBommuruP.S.RajahmundryRural,EastGodavari District, the 2""^ respondent herein as misuseof process of law, violative of petitioner's fundamentalrights as ensured under the constitutionff
2. Heard both the learned counsel.
3. Learned Assistant Government Pleader has furnished a copyof writteninstructions of the Sub-Inspector of Police,BommuruPolice Station, East Godavari District, in which it was stated that FIRNo.501 of 2014 was investigated and charge sheet was[filed][ before]learnedVAdditionalJudicialFirstClassMagistrateCourt,RajamahendravaramvidePRC.No.20of2015,thesamewascommittedto Sessions Court on25.10.2019 andthe samewasnumbered as SC.No.l30 of 2019 on thefile of the learned SpecialCourtforTrailforSCs&STs(PoA)Actcasesatof writteninstructions of the Sub-Inspector of Police,BommuruPolice Station, East Godavari District, in which it was stated that FIRNo.501 of 2014 was investigated and charge sheet was[filed][ before]learnedVAdditionalJudicialFirstClassMagistrateCourt,RajamahendravaramvidePRC.No.20of2015,thesamewascommittedto Sessions Court on25.10.2019 andthe samewasnumbered as SC.No.l30 of 2019 on thefile of the learned SpecialCourtforTrailforSCs&STs(PoA)Actcasesat I
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Rajamahendravaram, East Godavari. He further submitted that sincethe charge sheet has been filed in the present crime,[cause][ in][ the]writ petition does not survive and prays to close the writ petition.
4. In view of the submissions, while the writ petition is pending,the respondent has completed investigation and filed charge sheetagainst the petitioner.the respondent has completed investigation and filed charge sheetagainst the petitioner.
Conclusion
5. In view of the above observations, cause in the writ petitiondoes not survive and the same is liable to be closed.does not survive and the same is liable to be closed.
6. Accordingly, the Writ petition is closed. No order as to costs.Accordingly, the Writ petition is closed. No order as to costs.
As a sequel, interlocutory applications,if any pending,shall stands closed.
Sd/- N NAGAMMAASSISTANT REGISTRAR//TRUE COPY//dr-SECTION OFFICER
To,
1. One CC to SRI. M. SIVANANDA KUMAR Advocate [OPUC]
2. Two CCs to GP FOR HOME, High Court of Andhra Pradesh. [OUTl3.Three C.D.CopiesnmMadhu3.Three C.D.CopiesnmMadhu i HIGH COURT
DATED:29/12/2023
A-1
ORDER
WP.No.37736 of 2014
m:
GLOSSING THE WPWITHOUT COSTS
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