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2025 Supreme(Online)(AP) 14564

HIGH COURT OF ANDHRA PRADESH
VENKATA JYOTHIRMAI PRATAPA, J
M R ISAIBHEESHANARAO – Appellant
Versus
STATE OF ANDHRA PRADESH – Respondent
Writ Petition No: 17494/2020



Advocates:
For the Appellants/Petitioners: UMASANKAR LOKANADHAM
For the Respondents: GP FOR HOME

The court dismissed the writ petition as infructuous, confirming that legal relief is unnecessary when no substantive issues remain.

Headnote:(A) Constitution of India - Article 226 - Writ of Mandamus - Petition filed to challenge the action of Respondent called the petitioner for a potency test - Court noted that the relief has become infructuous and dismissed the petition. (Paras 1-5)

(B) Principles of Natural Justice - Allegations of violations discussed but deemed unnecessary due to the petition's status. (Paragraph 3)

Facts of the case:
The petitioner challenged the calling for a potency test related to a cybercrime case during the COVID-19 pandemic, arguing it was illegal and arbitrary.

Findings of Court:
Relief deemed unitable; hence, the petition is dismissed.

Issues: Whether the potency test call is valid during the pandemic and equal justice principles.

Ratio Decidendi: The court determined the petition was infructuous, thus no further action was warranted.

Result: Petition dismissed.

Table of Content
1. dismissal due to infructuous petition. (Para 1 , 3)
2. court's recording of representation by parties. (Para 2 , 4)

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 topleased to issue an appropriate writ, order or direction more particularly one in the nature in WRIT of MANDAMUS aggrieved by the action of Respondent No. 3 for calling the petitioner for potency test connected in Crime No 9 of 2014 cybercrime PS CID, Hyderabad, transferred to Andhra Pradesh designated court of lstAddl Magistrate of First Class Srikakulam, offence under sections 66-A (c) IT ACT 2000, And SECTION 376, 417, 420, 506. Of IPC.while pending the quash cum compromise petition vide CRLP No. 15229 o0f 2014 on the file of the Hon'ble High Court of Andhra Pradesh Amaravathi. And at this Covid -19 pandemic situation, also is illegal, arbitrary and not at all correct the action of the respondent at this Covid -19 pandemic situation, and violations of Principles of Natural Justice and consequently direct the Respondent No 3, not to call the petitioner to potency test till disposal of the CRLP No 15229 of 2014 on the file of the Hon'ble High Court of Andhra Pradesh at Amaravati and pass IA NO: 1 OF 2020 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to stay all further proceedings in Crime No 9 of 2014 CID cybercrime P.S Hyderabad in the combined State of Andhra Pradesh, designated court is 1st Addl Magistrate of First Class Srikakulam, including calling the petitioner for potency test in the above said crime till disposal of the main writ petition, and pass Counsel for the Petitioner:

1. UMASANKAR LOKANADHAM Counsel for the Respondent(S):

1. GP FOR HOME The Court made the following:

ORDER:

This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for:

“…to issue an appropriate writ, order or direction more particularly one in the nature in WRIT of MANDAMUS aggrieved by the action of Respondent No. 3 for calling the petitioner for potency test connected in Crime No 9 of 2014 cybercrime PS CID, Hyderabad, transferred to Andhra Pradesh designated court of lstAddl Magistrate of First Class Srikakulam, offence under sections 66-A (c) IT ACT 2000, And SECTION 376, 417, 420, 506. Of IPC.while pending the quash cum compromise petition vide CRLP No. 15229 o0f 2014 on the file of the Hon'ble High Court of Andhra Pradesh Amaravathi. And at this Covid -19 pandemic situation, also is illegal, arbitrary and not at all correct the action of the respondent at this Covid -19 pandemic situation, and violations of Principles of Natural Justice and consequently direct the Respondent No 3, not to call the petitioner to potency test till disposal of the CRLP No 15229 of 2014 on the file of the Hon'ble High Court of Andhra Pradesh at Amaravati and pass... …”

2. Heard Sri Umasankar Lokanadam, learned Counsel for the petitioner and Sri V.Farooq, learned Assistant Government Pleader for Home for the respondents.

3. Learned counsel for the petitioner would submit that the relief has become infructuous in this matter.

4. Learned Assistant Government Pleader is in attendance.

5. Recording the same, the Writ Petition is dismissed since the relief has become infructuous. No order as to costs.

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