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2025 DAILYLAW 10810 (AP)

C V RAMANA RAO v. UNION OF INDIA

WP/6507/2024 · 2025-09-02

Venkata Jyothirmai Pratapa

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Judgment text

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APHC010123202024 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, Mini New Delhi. 2. The Central Bureau of Investigation, Rep. by its Director, Plot No.5 CGO Complex, Lodhi Road, Jawaharlal Nehru Stadium Marg, Delhi 3. The State of Andhra Pradesh, rep. by its Principal Secretary, Hom 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 Gene Kumool District, Andhra Pradesh. 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: 6507 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 District, ...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 CGO Complex, Lodhi Road, Jawaharlal Nehru Stadium Marg, Delhi 3. The State of Andhra Pradesh, rep. by its Principal Secretary, Hom 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. 5. The Deputy Inspector General of Police, Rayalaseema Range, Kurnool, Kumool 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 District, ...Petitioner stry of Home Affairs, 2. The Central Bureau of Investigation, Rep. by its Director, Plot No.5-B, Floor, CGO Complex, Lodhi Road, Jawaharlal Nehru Stadium Marg, Delhi-110 003. 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. ral of Police, Rayalaseema Range, Kurnool, 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, 4 th 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.29 of 2024 dated 19.01.2024 on the file of the I Town U/G Police Station, Kadapa, Kadapa District registered against the Respondent No.9 under Sec. 147, 148, 452, 427 r/w 149 IPC 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. 1 to entrust Crime in FIR.No.29 of 2024 dated 19.01.2024 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.29 of 2024 dated 19.01.2024 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 6 to forthwith take steps in pursuance of Petitioner’s representation dated 18.01.2024, 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: THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 6507 OF 2024 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.29 of 2024 dated 19.01.2024 on the file of the I Town U/G Police Station, Kadapa, Kadapa District registered against the Respondent No.9 under Sec. 147, 148, 452, 427 r/w 149 IPC 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. 1 to entrust Crime in FIR.No.29 of 2024 dated 19.01.2024 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.29 of 2024 dated 19.01.2024 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 conductings...” 2. Heard A.S.K.S.Bhargav, learned counsel for the petitioner and Sri V.Farook, learned Assistant Government Pleader for Home. 3. When the matter is taken up for hearing, the learned Assistant Government Pleader submitted that there are long-standing civil disputes between the petitioner’s family and the unofficial respondent, resulting in multiple civil and criminal cases. Investigation in the present crime is under progress; several witnesses were examined, documents were seized, and certain requisitions are pending. The police submit that title disputes are involved, which are sub judice before competent civil courts, and the investigation is being conducted on proper lines. 4. Learned counsel for the petitioner submitted that, in view of the said instructions, this court may dispose of the writ petition by passing appropriate orders. 5. Considering the submissions of both sides, as investigation is still pending, this Court directs the Superintendent of Police, Kadapa District, to entrust the case to an officer at the level of Deputy Superintendent of Police for monitoring the case. The petitioner is at liberty to submit any information or evidence is available with him. The Investigating Officer shall complete the investigation and file a final report before the competent court strictly in accordance with law within a period of three (03) months from the date of receipt of this order. Accordingly, the Writ Petition is disposed of. No order as to costs. As a sequel thereto, miscellaneous petitions pending if any shall stands closed. _________________________________________ Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA Date:03.09.2025 KKV 210 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.6507 of 2024 Dt.03.09.2025 KKV