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2025 DAILYLAW 10463 (AP)

P.Penchal Reddy v. THE STATE OF AP

WP/5293/2019 · 2025-09-15

B V L N Chakravarthi

body2025

Judgment text

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APHC010119592019 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) TUESDAY, THE SIXTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI WRIT PETITION NO: Between: 1. P.PENCHAL REDDY, S/O SUNDARA RAMI REDDY AGED ABOUT 59 YEARS, OCC AGRICULTURE R/O VAVILLA VILLAGE AND POST, VIDAVALURU MANDAL, SPSR NELLORE DISTRICT. 1. THE STATE OF AP, , REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. . 2. THE SUPERINTENDENT OF POLICE NELLORE SPSR NELLORE DISTRICT, NELLORE, SPSR NELLORE DISTRICT 3. THE STATION HOUSE OFFICER, VIDAVALURU POLICE STATION VIDAVALURU, SPSR NELLORE DISTRICT 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 an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the respondent No. 3 herein in not investigating into FIR No. 100/2017 though the said crime is registered on 8-11-2017 pursuant to the orders passed in W.P.No. 347633 of 2017 dt.9-11-2017, as being direct the 3rd respondent to proceed with the investigation and to file the IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE SIXTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI WRIT PETITION NO: 5293/2019 P.PENCHAL REDDY, S/O SUNDARA RAMI REDDY AGED ABOUT 59 YEARS, OCC AGRICULTURE R/O VAVILLA VILLAGE AND POST, VIDAVALURU MANDAL, SPSR NELLORE DISTRICT. ...PETITIONER AND THE STATE OF AP, , REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. . THE SUPERINTENDENT OF POLICE NELLORE SPSR NELLORE DISTRICT, NELLORE, SPSR NELLORE DISTRICT THE STATION HOUSE OFFICER, VIDAVALURU POLICE STATION VIDAVALURU, SPSR NELLORE DISTRICT ...RESPONDENT(S): 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 an appropriate Writ, Order or Direction, more particularly one the nature of Writ of Mandamus, declaring the action of the respondent No. 3 herein in not investigating into FIR No. 100/2017 though the said crime is 2017 pursuant to the orders passed in W.P.No. 347633 of 2017, as being illegal, arbitrary and unjust, and consequently direct the 3rd respondent to proceed with the investigation and to file the IN THE HIGH COURT OF ANDHRA PRADESH [3368] THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI P.PENCHAL REDDY, S/O SUNDARA RAMI REDDY AGED ABOUT 59 YEARS, OCC AGRICULTURE R/O VAVILLA VILLAGE AND POST, ...PETITIONER THE STATE OF AP, , REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT SECRETARIAT, VELAGAPUDI, AMARAVATHI, THE SUPERINTENDENT OF POLICE NELLORE SPSR NELLORE THE STATION HOUSE OFFICER, VIDAVALURU POLICE STATION ...RESPONDENT(S): 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 an appropriate Writ, Order or Direction, more particularly one the nature of Writ of Mandamus, declaring the action of the respondent No. 3 herein in not investigating into FIR No. 100/2017 though the said crime is 2017 pursuant to the orders passed in W.P.No. 347633 of illegal, arbitrary and unjust, and consequently direct the 3rd respondent to proceed with the investigation and to file the 2 charge sheet before the concerned Magistrate as expeditiously as possible and to pass IA NO: 1 OF 2019 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 to direct the Respondent No. 3 herein to forthwith arrest the accused persons in relation to FIR No. 100/2017 dt. 8-11-2017, pending disposal of the main Writ Petition, and pass Counsel for the Petitioner: 1. K MOHAN RAMI REDDY Counsel for the Respondent(S): 1. GP FOR HOME (AP) The Court made the following: 3 THE HONOURABLE SRI JUSTICE B.V.L.N.CHAKRAVARTHI WRIT PETITION No.5293 OF 2019 ORDER: This Writ Petition is filed under Article 226 of the Constitution of India for the following relief: “….issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the respondent No. 3 herein in not investigating into FIR No. 100/2017 though the said crime is registered on 8-11-2017 pursuant to the orders passed in W.P.No.347633 of 2017 dt.9-11-2017, as being illegal, arbitrary and unjust, and consequently direct the 3rd respondent to proceed with the investigation and to file the charge sheet before the concerned Magistrate as expeditiously as possible and to pass….” 2. Heard Sri K.Mohan Rami Reddy, learned counsel for the Writ Petitioner and learned Assistant Government Pleader for Home. 3. Learned Assistant Government Pleader for Home, on written instructions, submits that final report filed before the Magistrate has been assigned as Rc.No.11 of 2025 on the file of the Court of Judicial Magistrate of First Class, Kovvur. In view of the above, the petitioner is at liberty to approach the concerned Magistrate for necessary redressal in accordance with law. 4 4. Considering the above facts and circumstances, this Court is of the considered opinion that nothing remains for adjudication in the Writ Petition, and it can be closed. 5. Accordingly, the Writ Petition is closed. There shall be no order as to costs. As a sequel thereto, interlocutory applications, if any, pending in this Writ Petition shall stand closed. ______________________________ JUSTICE B.V.L.N. CHAKRAVARTHI 16.09.2025 MP 5 104 THE HONOURABLE SRI JUSTICE B.V.L.N. CHAKRAVARTHI WRIT PETITION No:5293 OF 2019 Date: 16.09.2025 MP