Citation : 2021 Latest Caselaw 407 AP
Judgement Date : 28 January, 2021
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI :' (SPECIAL ORIGINAL JURISIDICTION) : THURSDAY, THE TWENTY EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY ONE :PRESENT: THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY... WRIT PETITION NO: 648 OF 2021 Between: 1. Chiluka Chandra Sekhar, S/o. Deevenaiah,. 2. Vedangi Chitti Babu, S/o. Gopala Rao, AND Petitioners 1. The State of Andhra Pradesh, Department of Home, Rep. by its Principal Secretary, Secretariat Buildings, Amaravati, Guntur District. The Director General of Police, Mangalagiri, Guntur District. The Superintendent of Police,, Visakhapatnam Rural District, Visakhapatnam. The Station House Officer, Munchingput Police Station, Munchingput Village and Mandal, Visakhapatnam District. Sri P. Prasada Rao,, S/o. Chinavadu, Aged 30, The Sub-Inspector of Police, Visakhapatnam Rural District, Visakhapatnam. a FON Respondents 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 to issue a writ or an order or direction more particularly one in the nature of writ of Mandamus (a) declaring the action of the respondent police in arraying the petitioners as accused (A40 and A41 respectively) in Crime No. 47/2020 of Munchingput P.S., Visakhapatnam Rural District as illegal, contrary to law, arbitrary and without jurisdiction and (b) to quash the Crime No. 47/2020 of Munchingput P.S., Visakhapatnam rural district in so far as the petitioners herein (A40 and A41 respectively) are concerned. IA NO: 1 OF 2021 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondent police to follow Section 41-A Cr.P.C. and the guidelines framed by the Supreme Court in Arnesh Kumar case in so far as the petitioners herein (A-40 and A-41 respectively) in connection with Crime No. 47/2020 of Munchingput P.S., Visakhapatnam Rural District, notwithstanding Section 18 of the Unlawful Activities (Prevention) Act, pending disposal of WP 648 of 2021, on the file of the High Court. The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and the order of the High Court dated 07-01-2020 and upon hearing the arguments of Sri Venkateswarlu Posani Advocate for the Petitioners and of GP for Home for the Respondent Nos.1 to 4, the Court made the following. ORDER:
"Learned counsel for the petitioners would submit that he has uploaded copies of seven reported judgments in support of his case today.
Registry is directed to verify and place the same on record 02.02.2021 along with W.P.Nos.304, 307 and 391 of 2021.
Interim order granted earlier is extended till 02.02.2021".
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4. One CC to Sri Venkateswarlu Posani, Advocate [OPUC] 2 TwoCCs to GP for Home, High Court of Andhra Pradesh. [OUT]
3. One spare copy
HIGH COURT
CMRJ
DATED:28/01/2021
ORDER
WP.No.648 of 2021
POST ON 02.02.2021 ALONG WITH WP.NOs.304, 307 AND 391 OF 2021
EXTENSION OF INTERIM ORDER
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