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2026:APHC:34760 APHC010119852026

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3396]

(Special Original Jurisdiction)

MONDAY, THE THIRTIETH DAY OF MARCH TWO THOUSAND AND TWENTY SIX

PRESENT THE HONOURABLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA

WRIT PETITION NO: 6534/2026 Between:

ALLA RAMAKRISHNA REDDY, S/O LATE ALLA DASARADHARAMI REDDY, AGED ABOUT 58 YEARS, OCC FORMER LEGISLATIVE ASSEMBLY MEMBER, R/O MANGALAGIRI, GUNTUR DISTRICT,

ANDHRA PRADESH.

...PETITIONER AND

1. THE STATE OF AP, REP BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF HOME, AP SECRETARIATE, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, ANDHRA PRADESH -

522238.

2. THE CRIME INVESTIGATION DEPTARTMENT CID, ANDHRA PRADESH, REP. BY ITS ADDITIONAL SUPERINTENDENT OF POLICE, EOW-II, TADEPALLI, GUNTUR DISTRICT, ANDHRA

PRADESH - 522302. ...RESPONDENT(S):

Counsel for the Petitioner:

1. JADA SRAVAN KUMAR 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:

“.... a Writ Order or direction particularly, one like Writ of Prohibition seeking stay of all further proceedings including taking cognizance or entertaining any final report in respect of Crime No. 16/2022, registered upon my report for the offences

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2026:APHC:34760

punishable under Sections 120(B), 420, 34, 35, 36, 37, 166, 167 and 217 of the Indian Penal Code, 1860 (referred to as 'I.P.C.') and Sections 13(2) read with Section 13(l)(a) of the Prevention of Corruption Act, 1988 (referred to as 'P.C. Act'), on the file of the Station House Officer, CID Police Station, Amaravathi, Mangalagiri, Guntur District as the case is exclusively dealt by the Special Court for Trial of Criminal Cases relating to Elected MPs and MLAs at Vijayawada in strict compliance with the binding directions issued by the Hon'ble Supreme Court in Ashwini Kumar Upadhyay v. Union of India as due to dealing the case by a court SPL JUDGE FOR TRIAL OF SPE AND ACB CASES CUM-III ADDL DISTRICT AND SESSIONS JUDGE VIJAYAWADA without jurisdiction is infringing the enforcement of the Petitioner's fundamental right if free and fair trail guaranteed under Articles 14,15,16 19 and 21 of the Constitution of India, consequently transfer the case from THE COURT OF SPL JUDGE FOR TRIAL OF SPE ACB CASES CUM-III ADDL DISTRICT AND SESSIONS JUDGE VIJAYAWADA to court

having jurisdiction to try the offences.”

2. Upon hearing the submissions of both parties, the present petition is

hereby disposed of, at the stage of admission.

3. Heard Sri Jada Sravan Kumar, learned counsel for the Petitioner, Sri Mukul Rohatgi and Sri Anurag Ahluwalia, learned Senior Counsel assisted by Ms.A.Jayanthi, learned Government Pleader for Home and Sri C.Panini

Somayaji, learned Additional Public Prosecutor for CID.

4. Learned counsel for the Petitioner would submit that Crime No.16 of 2022, registered by CID, Andhra Pradesh, involves serious allegations under the Indian Penal Code and the Prevention of Corruption Act, 1988 relating to decisions taken between 2014–2019 concerning the Amaravati Capital City project. In the present crime, charge sheet is also filed in

February 2024 and the case is now at the stage of trial.

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Learned counsel would further submit that, the principal Accused

include sitting and former MLAs, including a sitting Chief Minister and a Minister, come under the special framework mandated by the Hon’ble Supreme Court in Ashwini Kumar Upadhyay v. Union of India, 2026:APHC:34760 for expeditious trial of criminal cases against involving sitting and former M.Ps and M.L.As. The Supreme Court has clearly directed that such cases be tried exclusively by designated MP/MLA Special Courts, with priority, continuity, and time-bound disposal of the cases in order to preserve

public confidence in democratic institutions.

It is further contended that, State of Andhra Pradesh has already

designated a Special Court at Vijayawada for this purpose with statewide juri