THE HON'BLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No.7582 of 2008 Between:
U. Srinivasa PETITIONER AND 1. The Sub-Inspector of Police, Amarapuram Police Station, Amarapuram Mandal, Anantapur District and another.
RESPONDENTS ORDER:
Heard learned counsel for the petitioner and learned Government Pleader for Home for the respondent.
It is stated that a complaint has been filed by one Harijana Eerappa, resident of Basavannapalli Village, before the 2nd respondent herein against 53 persons. Basing on the said complaint, a case in Cr.No.40 of 1994 was registered. The police conducted investigation and filed a charge sheet. In the said charge sheet the name of Uppara Nagaraju has been shown as accused No.4. The petitioner was no way connected with the said incident. After filing of charge sheet, the case was numbered as C.C.No.30 of 1996 on the file of the Judicial First Class Magistrate, Special Mobile Court, Anantapur and split up due to non-appearance of Accused No.9. The trial with respect to other accused was completed and they were convicted and as against the same, an appeal was filed, which was partly allowed on 03.05.1999 Though the petitioner was not summoned during the course of investigation and trial, after a period of more than 13 years, the police are trying to treat the petitioner as Uppala Nagaraju and directing him to surrender before the police. Challenging the same, the present writ petition was filed.
The learned Government Pleader on the basis of the written instructions, submitted that a counter affidavit is filed earlier stating that the accused in Cr.No.40 of 1994 and the petitioner is one and the same and after obtaining the opinion of Assistant Public Porsecutor, Madakasira, the District Collector, Ananthapur District issued orders to withdraw the case in Cr.No.40 of 1994 on the file of the Amarapuram Police Station by proceedings dated 06.11.2011 and consequent proceedings were also issued by the superintendent of Police on 14.11.2011.
In view of the above orders, the police are taking steps to file a report before the Judicial First Class Magistrate, Special Mobile Court, Anantapur to withdraw the case in Cr.No.40 of 1994 as the respondents do not want the presence of the petitioner.
In view of the said statement made by the learned Government Pleader on the basis of the written instructions, no further orders are necessary in this writ petition. The writ petition is accordingly closed. No order as to costs. As a sequel, miscellaneous petitions, if any, shall stand closed.
A. RAMALINGESWARA RAO, J.
28th November, 2014 Js.