Andhra Pradesh High Court - Amravati
Jinka Chalapathi Ginka Venkata ... vs The State Of Andhra Pradesh on 17 December, 2024
BVLNC,J W.P.No.28965 OF 2024
Page 1 of 4 DT: 17.12.2024
APHC010552982024
IN THE HIGH COURT OF ANDHRA
PRADESH AT AMARAVATI
(Special Original Jurisdiction)
[3368]
TUESDAY, THE SEVENTEENTH DAY OF DECEMBER
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI
WRIT PETITION NO: 28965/2024
Between:
1. JINKA CHALAPATHI @ GINKA VENKATA CHALAPATHI, S/O.
JINKA VENKATESWARLU @ GINKA VENKATESH, AGED 58
YEARS, OCC. VICE CHAIRMAN OF MADANAPALLE
MUNICIPAL CORPORATION, R/O. DOOR N0.17-182-B,
GANDHI ROAD, MADANAPALLE TOWN, ANNAMAYYA
DISTRICT.
...PETITIONER
AND
1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL
SECRETARY TO GOVERNMENT, HOME DEPARTMENT,
SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR
DISTRICT
2. THE ADDITIONAL DIRECTOR GENERAL OF POLICE, CID,
MANGALAGIRI, GUNTUR DISTRICT.
3. THE SUPERINTENDENT OF POLICE, CB-CID, ANNAMAYYA
DISTRICT AT RAYACHOTY.
BVLNC,J W.P.No.28965 OF 2024
Page 2 of 4 DT: 17.12.2024
4. SRI D VENU GOPAL, INVESTIGATIVE OFFICER, DSP, RO,
CID, TIRUPATHI, TIRUPATHI DISTRICT
5. SRI D VISHWANATH, INVESTIGATIVE OFFICER, DSP, RO,
CID, NELLORE, S.P.S.R.NELLORE DISTRICT.
...RESPONDENT(S):
This Writ Petition is filed 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 to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the proceedings vide C.NO.6233/C.23/CID/2024 dated 04.11.2024, issued by the 2nd respondent, as illegal, arbitrary, and unconstitutional for being Contrary to the provisions of Sections 154, 157, and 173(8) of the Cr.P.C. and accompanying sections of the BNSS, violation of principles of natural justice and Articles 14, 19 and 21 of the Constitution of India and consequently Quash the FIR registered as Crime No.135/2024 as against the petitioner, as the charges were altered and framed without any tangible evidence, judicial sanction, or compliance with mandatory legal procedures.
02. Heard Sri C.Rajendra, learned counsel for Writ Petitioner and Sri V.Farook, Learned Additional Government Pleader for Home representing State.
BVLNC,J W.P.No.28965 OF 2024 Page 3 of 4 DT: 17.12.2024
03. Learned counsel for petitioner would submit that the petitioner may be permitted to withdraw the Writ Petition, with a liberty to file fresh petition.
04. Permission accorded.
05. Accordingly, the Writ Petition is dismissed as withdrawn, with a liberty to file fresh petition, as per law. There shall be no order as to costs.
As a sequel, Interlacutory applications pending, if any, shall stand closed.
______________________________ JUSTICE B.V.L.N. CHAKRAVARTHI.
17.12.2024
psk
BVLNC,J W.P.No.28965 OF 2024
Page 4 of 4 DT: 17.12.2024
THE HON'BLE SRI JUSTICE B.V.L.N.CHAKRAVARTHI 114 WRIT PETITION No.28965 OF 2024 17th December, 2024 w psk