1 APHC010149772024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY, THE TWELFTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 8576/2024 Between: 1. GAUTAM NISHANTH, S/O GK.BHARATH, AGED ABOUT 34 YEARS, OCC ADVOCATE, R/O D. NO. 17-465-83/4/1, VIVEKANANDNAGAR, MADANAPALLY, ANNAMAIAH/CHITTOOR DIST. AP-517325. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT, AMARAVATI. 2. THE DIRECTOR GENERAL AND INSPECTOR GENERAL OF POLICE, ANDHRA PRADESH, OFFICE AT MANGALGIRI, GUNTUR DIST. 3. THE DEPUTY INSPECTOR GENERAL OF POLICE, CHITTOOR. 4. THE SUPERINTENDENT OF POLICE, CHITTOOR DIST. CHITTOOR. 5. THE DEPUTY SUPERINTENDENT OF POLICE, MADANAPALLY, CHITTOOR DIST. 6. THE STATION HOUSE OFFICER, MADANAPALLY RURAL POLICE STATION, MADANAPALLY. ...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 a writ, order or direction more in the nature of Writ of Mandamus, declaring the action of the 5THand 6TH respondents in not causing proper investigation in crime No. 49/2022 of Madanapalle Rural poiice 2 station registered on the 15th day of February 2022 by not including the charges of sections 409 of IPC and 3(2)(V) of SC/ST POA Act as illegal and in total contravention of the facts of the case and set aside the same and consequently direct the 5th and 6th respondents to include the said sections in the charge sheet being filed efore the Hon hie court by causing a proper investigation and collection of evidence in the matter and take up further steps for conducting the prosecution in the matter as othenvise I would be put to great loss and suffering and as such 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 to direct the 5th respondent to consider the representation of the petitioner seeking inclusion of section 409 IPC and the provision of Respondents... SC/ST act in the case by passing orders on the request of petitioner's representation dt. 17.06.2022 and pass Counsel for the Petitioner: 1. K ANANTHA RAO Counsel for the Respondent(S): 1. GP FOR HOME 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 8576 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, order or direction more in the nature of Writ of Mandamus, declaring the action of the 5TH and 6TH respondents in not causing proper investigation in crime No. 49/2022 of Madanapalle Rural police station registered on the 15th day of February, 2022 by not including the charges of sections 409 of IPC and 3(2)(V) of SC/ST POA Act as illegal and in total contravention of the facts of the case and set aside the same and consequently direct the 5th and 6th respondents to include the said sections in the charge sheet being filed before the Hon’ble court by causing a proper investigation and collection of evidence in the matter and take up further steps for conducting the prosecution in the matter as otherwise I would be put to great loss and suffering and as such pass…” 2. When the matter was taken up for hearing, Sri V.Farooq, learned Assistant Government Pleader for Home for the respondents, on receipt of written instructions, would submit that charge sheet is filed in crime no. 49/2022 of Madanapalle Rural Police Station before the Additional District and Sessions Judge, Chittoor which has been numbered as Spl.S.C.No.45 of 2022, on 22.08.2022. 3. Sri K.Anantha Rao, learned counsel for the petitioner would submit that recording the same, the petition may be disposed of. 4. Recording the above said submission, the Writ petition is disposed of. There shall be no order as to costs. 4 As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 12.08.2025. UPS 5 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.8576 of 2024 Dated.12.08.2025 UPS 21