APHC010123172024 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) WEDNESDAY,THE THIRD DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION Between: 1. C V RAMANA RAO, S/o C.Subbarayudu, Aged about 60 years, R/o D.No.1/1944, Sri Ram Nagar, Railway Station Road, Kadapa City, YSR District, Andhra Pradesh. 1. UNION OF INDIA, Rep. by its Under Secretary, Minis New Delhi. 2. The Central Bureau of Investigation, Rep. by its Director, Plot No.5 Floor, CGO Complex, Lodhi Road, Jawaharlal Nehru Stadium Marg, Delhi 110 003. 3. The State of Andhra Pradesh, rep. by its Principal Secretary, Department, Secretariat, Velagapudi, Amaravathi, Guntur District, Andhra Pradesh. 4. The Crime Branch Crime Investigation Department, Guntur Medical College Road, R and B Quarters, Guntur, Guntur District, Andhra Pradesh. 5. The Deputy Inspector General of Police, Rayalaseema Range, Kurnool, Kurnool District, Andhra Pradesh. 1 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY,THE THIRD DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 6583 OF 2024 1. C V RAMANA RAO, S/o C.Subbarayudu, Aged about 60 years, R/o D.No.1/1944, Sri Ram Nagar, Railway Station Road, Kadapa City, YSR ...Petitioner AND 1. UNION OF INDIA, Rep. by its Under Secretary, Ministry of Home Affairs, 2. The Central Bureau of Investigation, Rep. by its Director, Plot No.5 Floor, CGO Complex, Lodhi Road, Jawaharlal Nehru Stadium Marg, Delhi 3. The State of Andhra Pradesh, rep. by its Principal Secretary, Department, Secretariat, Velagapudi, Amaravathi, Guntur District, Andhra 4. The Crime Branch Crime Investigation Department, Guntur Medical College Road, R and B Quarters, Guntur, Guntur District, Andhra Pradesh. General of Police, Rayalaseema Range, Kurnool, Kurnool District, Andhra Pradesh. IN THE HIGH COURT OF ANDHRA PRADESH THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA 1. C V RAMANA RAO, S/o C.Subbarayudu, Aged about 60 years, R/o D.No.1/1944, Sri Ram Nagar, Railway Station Road, Kadapa City, YSR ...Petitioner try of Home Affairs, 2. The Central Bureau of Investigation, Rep. by its Director, Plot No.5-B, 6 th Floor, CGO Complex, Lodhi Road, Jawaharlal Nehru Stadium Marg, Delhi- 3. The State of Andhra Pradesh, rep. by its Principal Secretary, Home Department, Secretariat, Velagapudi, Amaravathi, Guntur District, Andhra 4. The Crime Branch Crime Investigation Department, Guntur Medical College Road, R and B Quarters, Guntur, Guntur District, Andhra Pradesh. General of Police, Rayalaseema Range, Kurnool, 2 6. The Superintendent of Police, Kadapa, YSR Kadapa District, Andhra Pradesh. 7. Md Shareef, S/o. Not Known to the Petitioner, Aged Not Kown to the Petitioner, The Deputy Superintendent of Police, Kadapa Division, YSR Kadapa District, Andhra Pradesh. 8. C Bhaskar Reddy, S/o. Not Known to the Petitioner, Aged Not Kown to the Petitioner, The Circle Inspector of Police, I Town Kadapa Police Station, YSR Kadapa District, Andhra Pradesh. 9. Palem Goutham Chandrakanth, S/o Late Palem Venkata Rao, aged about 47 years, Occ Real Estate Business, R/o D.No. 1/2617, 33B LIGH, 4th floor, APHB Colony, Kadapa City, YSR Kadapa District, Andhra Pradesh. 10. Gaddam Srinivasulu, S/o Gaddam Chinnaiah, Aged about 42 years, Occ Business, R/o. Chemmumiyapeta, Kadapa City, YSR Kadapa, Andhra Pradesh. ...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 pleased to issue a Writ of Mandamus declaring (i) the inaction of the Respondent No.7 and 8 in conducting investigation and filing charge- sheet/final report in Crime in FIR.No.63 of 2024 dated 06.02.2024 on the file of the I Town U/G Police Station, Kadapa, Kadapa District registered against the Petitioner under Sec.352, 448, 427, 506 r/w 34 IPC and 3(1)(r)(s) of SC ST POA Act as per se illegal, manifestly arbitrary, unreasonable, capricious. whimsical, vindictive and violative of Articles 14 and 21 of the Constitution of India and contrary to the provisions of the Criminal Procedure Code and (ii) Consequently to direct the Respondent No.l to entrust Crime in FIR.No.63 of 2024 dated 06.02.2024 on the file of the I Town U/G Police Station, Kadapa, Kadapa District to Respondent No.2/any other Special/Independent Investigation Agency or the Respondent No.3 to entrust the Crime in 3 FIR.No.63 of 2024 dated 06.02.2024 on the file of the I Town U/G Police Station, Kadapa, Kadapa District to Respondent No.4 or a Competent Officer under the supervision of Respondent No.4 for conducting proper investigation (iii) and pass IA NO: 1 OF 2024 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 direct the Respondent No.3 to 7 to grant protection to the Petitioner to reside in property consisting of G+1 floor RCC building admeasuring 159.72 Sq.Yards in D.No. 1/1944, Sri Ram Nagar, Railway Station Road, Kadapa City, YSR District, pending disposal of the Writ Petition and pass Counsel for the Petitioner: AKULA SRI KRISHNA SAI BHARGAV Counsel for the Respondents: GP FOR HOME (AP) Counsel for the Respondents:M.SRAVAN KUMAR,Spl.PUBLIC PROSECUTOR FOR C.B.I. Counsel for the Respondents:M SOLOMON RAJU Counsel for the Respondents: The Court made the following order: 4 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 17791 OF 2020 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “…pleased to issue a Writ of Mandamus declaring (i) the inaction of the Respondent No.7 and 8 in conducting investigation and filing charge-sheet/final report in Crime in FIR.No.63 of 2024 dated 06.02.2024 on the file of the I Town U/G Police Station, Kadapa, Kadapa District registered against the Petitioner under Sec.352, 448, 427, 506 r/w 34 IPC and 3(1)(r)(s) of SC ST POA Act as per se illegal, manifestly arbitrary, unreasonable, capricious. whimsical, vindictive and violative of Articles 14 and 21 of the Constitution of India and contrary to the provisions of the Criminal Procedure Code and (ii) Consequently to direct the Respondent No.l to entrust Crime in FIR.No.63 of 2024 dated 06.02.2024 on the file of the I Town U/G Police Station, Kadapa, Kadapa District to Respondent No.2/any other Special/Independent Investigation Agency or the Respondent No.3 to entrust the Crime in FIR.No.63 of 2024 dated 06.02.2024 on the file of the I Town U/G Police Station, Kadapa, Kadapa District to Respondent No.4 or a Competent Officer under the supervision of Respondent No.4 for conducting proper investigation (iii) and pass…” 02. Heard Sri A.S.K.S. Bhargav, learned counsel for the petitioner, and Sri V. Farooq, learned Assistant Government Pleader for Home for the respondents. 03. The grievance of the petitioner is that though a case in Crime No.63 of 2024 was registered against him on the file of I Town U/G Police Station, Kadapa District, the respondent Nos.7 and 8 failed to conduct proper investigation and file a final report/charge-sheet. It is alleged that the investigation is biased, vindictive and violative of the fundamental rights of the 5 petitioner. Hence, he seeks transfer of investigation to an independent or specialized agency. 04. When the matter is taken up for hearing, learned Assistant Government Pleader for Home, on instructions, submits that on 06.02.2024, basing on the complaint of one Gaddam Sreenivasulu, S/o Chinnaiah, a case in Crime No.63 of 2024 was registered against the petitioner and others for the offences punishable under Sections 352, 448, 427, 506 r/w 34 IPC and Section 3(1)(r)(s) of the SC/ST (POA) Act. It is further submitted that soon after registration of the crime, the investigation was entrusted to the SDPO, Kadapa. The SDPO examined four witnesses, including the complainant, and after completion of investigation, filed a charge-sheet against the petitioner and six others before the Court of the Special Sessions Judge for trial of cases under the SC/ST (POA) Act-cum-IV Additional District Judge, Kadapa. The learned Sessions Judge has taken the case on file as Spl. S.C. No.33 of 2025 and posted it for issuance of summons on 24.11.2025. 05. Learned Assistant Government Pleader further submits that multiple civil suits are pending between the parties before competent civil courts in relation to partition and other property disputes. However, the criminal case pertains to distinct allegations of atrocities against a member of the Scheduled Caste community, and the investigation has been carried out properly, resulting in filing of a charge-sheet. Hence, the request for transfer of investigation is misconceived. 06. In reply, learned counsel for the petitioner reiterates that the investigation is biased and prays for liberty to pursue remedies available in law. 07. Having considered the submissions made on both sides, and in view of the charge-sheet filed in Crime No.63 of 2024 and the Special Court has taken cognizance of the same, this Court is of the opinion that the prayer for entrustment of investigation to another agency does not survive. 6 08. Accordingly, this Writ Petition is disposed of, granting liberty to the petitioner to work out his remedies in accordance with law before the appropriate forum, including raising all his grievances before the trial Court in Spl. S.C. No.33 of 2025. There shall be no order as to costs. As a sequel, miscellaneous petitions, if any, pending in this Writ Petition shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 03.09.2025 KKV 7 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO:6583 OF 2024 03.09.2025 KKV