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Andhra Pradesh High Court - Amravati

Kollu Ankababu, S/ O Late Venkatadri ... vs The Government Of A.P. on 8 January, 2024

     THE HON'BLE DR.JUSTICE K. MANMADHA RAO

                 Writ Petition No.648 of 2014

ORDER:

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This Writ Petition is filed, under Article 226 of the Constitution of India, seeking the following relief:

"....to issue the Writ order or direction preferablya writ the nature of writ of Mandamus declaring the action of the respondents particularly 3rd respondent herein in threatening the petitioner with implication of the petitioner in crimes in relation with 5th respondent and his companies as illegal arbitrary unconstitutional against law and contrary to settled principle of law consequently direct the respondents not to register and restrain them from impleading me in any further FIR with regard to 5th respondent and his companies and and not to harass the petitioner in any manner...."

2. None appeared for the petitioner.

3. Heard learned Assistant Government Pleader for Home appearing for the official respondents.

4. On hearing, learned Assistant Government Pleader for Home filed Written Instructions before this Court issued by Additional Superintendent of Police, RO, CID, Vijayawada, dated 09.01.2014 and another copy of Written Instructions issued by Sub Inspector of Police, Suryaraopet P.S., Vijayawada city, dated 01.02.2014.

5. As seen from the Written Instructions dated 09.01.2014, it is observed that, 5 criminal cases are under 2 investigation and pending for arrest of remaining accused, examination of some more victims, identification of properties for attachment and analysis report from FSL Gujarat. As per the investigation, so far the Writ Petitioner in possession of whopping sum Crores of rupees collected from the public by Abhya Gold and Sister concerned, clandestinely hide by him by way of immovable and movable properties. To prevent the lawful investigation by the CID filed this Writ Petition with false allegations without any basis. The properties hide by the Accused/Writ Petitioner has to be identified and attached by the Competent Authority under APPDFE Act to compensated innocent victim/depositors cheated by Abhya Gold and Abhya Gold Companies.

6. As seen from the Written Instructions dated 01.02.2014, it is observed that the Crime Nos.160/2013, 175/2013, 206/2013, 216/2013 under Sections 406, 420, 120-B IPC and Sections 3, 4 and 5 of A.P.Protection of Depositors of Financial Establishment Act, 1999 were registered at Suryaraopet P.S., Vijayawada city and at present the said cases were under the investigation of 3 Additional Superintendent of Police, Regional Office, CID, Vijayawada and further observed that at present no case is registered against the petitioner herein-Kollu Ankababu on the file of Suryaraopeti P.S., Vijayawada City.

7. In view of the submissions made by learned Assistant Government Pleader for Home and upon perusing the written instructions filed by respondent police, this Court is of the view that, nothing survies in this Writ Petition for further adjudication.

8. Accordingly, the Writ Petition is closed.

There shall be no order as to costs.

As a sequel, miscellaneous applications pending, if any, shall stand closed.

_____________________________ Dr. K. MANMADHA RAO, J Date: 08.01.2024 BMS