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2025 DAILYLAW 16366 (AP)

Achi Vijayalakshmi v. THE STATE OF AP

WP/14247/2020 · 2025-09-14

Venkata Jyothirmai Pratapa

body2025

Judgment text

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APHC010216102020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] MONDAY, THE FIFTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 14247/2020 Between: ACHI VIJAYALAKSHMI, W/O KRISHNA MOHAN, AGED ABOUT 50 YEARS, VADDIPALEIN, JAGADEVIPETA VILLAGE, INDUKURUPETA MANDAL, SPSR NELLORE DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, THE STATE OF A.P. REP BY THE PRINCIPAL SECRETARY, HOME DEPARTMENT, GOVT. OF A.P. VELGAPUDI, GUNTUR DISTRICT. 2. THE SUPERINTENDENT OF POLICE, NELLORE, SPSR NELLORE DISTRICT. 3. THE CIRCLE INSPECTOR OF POLICE, VENKATCHALAM SATRAM POLICE STATION, VENKATCHALAM MANDAL, SPSR NELLORE DISTRICT. 4. THE SUBINSPECTOR OF POLICE, VENKATCHALAM SATRAM POLICE STATION, VENKATCHALAM MANDAL, SPSR NELLORE DISTRICT. 5. MALLI PENCHALAIAH, S/O MALLI NARASIAH. AGED ABOUT 36 YEARS, RIO NAIDUPALEM VILLAGE, VENKATACHALAM MANDAL, SPSR NELLORE DISTRICT. 6. MALLI NARASAIAH, S/O GURAVAIAH, AGED ABOUT 60 YEARS, R/O NAIDUPALEM VILLAGE, VENKATACHALAM MANDAL, SPSR NELLORE DISTRICT. 7. CHELLA VENAMMA, W/O CHELLA NARASHIMULU, AGED ABOUT 39 YEARS, R/O NAIDUPALEM VILLAGE, VENKATACHALAM MANDAL, SPSR NELLORE DISTRICT. 8. OLIPI MALLESWARAMMA, W/O SREENIVASULU AGED ABOUT 45 YEARS, R/O NAIDUPALEM VILLAGE, VENKATACHALAM MANDAL, SPSR NELLORE DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner: 1. SIVAPRASAD REDDY VENATI Counsel for the Respondent(S): 1. GP FOR HOME The Court made the following: 2 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “.... a Writ of Mandamus declaring the action of the respondents 2 to 4 in not conducting proper and fair investigation by altering the section of law in the Crime registered as FIR No. 223 of 2020 from section 174 of CRPC to sections 498A, 306 r/w 34 of Indian Penal Code by arraying the real culprits i.e., Respondents 5 to 8 as illegal, arbitrary and unconstitutional and consequently direct the respondents 2 to 4 to alter the section of law in the Crime registered as FIR No. 223 of 2020 by apprehending the real culprits i.e., Respondents 5 to 8.” 2. Sri V.Farooq, learned Assistant Government Pleader for Home, on written instructions, would submit that, Police had taken up investigation in Crime No.223 of 2020 on the file of V.Sataram Police Station, Sri Potti Sri Ramulu Nellore and altered the Section of Law from Section 174 Cr.P.C to Sections 498-A and 306 IPC and after completion of in the investigation, filed charge sheet on the file of the Court of IV Additional Judicial First Class Magistrate, Nellore which was numbered as PRC No.32 of 2024. Hence, no further orders are required in this matter and the petition may be disposed of. 3. Sri Sivaprasad Reddy Venati, learned counsel for the Petitioner would submit that, recording the same, the petition may be disposed of. 4. Considering the submissions made, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed. ________________________________________ Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA Date:15.09.2025 Dinesh 3 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.14247 of 2020 Dt.15.09.2025 Dinesh