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2025 DAILYLAW 17446 (AP)

Kurati Eswar Rao v. The State of Andhra Pradesh

WP/15649/2020 · 2025-09-03

Venkata Jyothirmai Pratapa

Public Interest Litigationbody2025

Judgment text

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•4 APHCOI0237472020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) ik^ I4jr THURSDAY,THE FOURTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 15649 OF 2020 Between: Kurati Eswar Rao, S/o late Vadapalli aged about 38 years, Occ: Agriculture R/o. Pillanka Sivar, Kothalanka, Tallarevu Mandal, East Godavari District ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary to Govt. Home Department, A.P. Secretariat Velagapudi, Amaravathi, Guntur District. 2. The Superintendent of Police, Kakinada, East Godavari District, Andhra Pradesh. 3. The Station House Officer, Coringa Police Station, Tallarevu Mandal, East Godavari District, Andhra Pradesh. 4. Chintha Pedda Venkateswarlu, s/o. Appala Narsaiah, Aged about 75 years, Occ: Agriculture, r/o. Serilanka Village and Gram Panchayat, K.Gangavaram Mandal, East Godavari District. 5. Chintha Nageswara Rao, s/o. Chintha Pedda Venkateswarlu Aged Agriculture, r/o. Serilanka Village and Gram Panchayat, K.Gangavaram Mandal, East Godavari District. about 40 years, occ: 6. Chintha Venkataramana, s/o. Chintha Pedda Venkateswarlu Aged about 45 years, occ: Agriculture, r/o. Serilanka Village and Gram Panchayat, K.Gangavaram Mandal, East Godavari District. ■ i ...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 issue a writ, order or direction, more particularly one in the nature of Writ of Mandamus declaring the action of third respondent in not taking any action against respondents 4 to 6 in spite of registering an FIR in Crime No. 198/2020 dated 29.07.2020 on the file of Coringa Police Station, East Godavari District as arbitrary, illegal and against the principles of natural justice and right to life guaranteed under Article 21 of Constitution of India. lA NO: 1 OF 2020 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 respondents 2 and 3 to take against respondents 4 to 6 on the FIR in Crime No. 198/2020 dated 29.07.2020 on the file of Coringa Police Station, East Godavari District in pursuance of the representation submitted by the petitioner on 03.08.2020 to the second respondent herein, pending disposal of the above Writ Petition. Counsel for the Petitioner: M/S V,SANTHISREE Counsel for the Respondent Nos. 1 to 3: GP FOR HOME The Court made the following order: \ APHC010237472020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) QMS Lilt [3396] THURSDAY,THE FOURTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 15649/2020 Between: 1.KURAT1 ESWAR RAO, S/O.LATE VADAPALLI AGED ABOUT 38 YEARS, OCC:AGRICULTURE R/O.PILLANKA SIVAR, KOTHALANKA, TALLAREVU MANDAL, EAST GODAVARI DISTRICT ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVT. HOME DEPARTMENT, A.P. SECRETARIAT VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2.THE SUPERINTENDENT OF POLICE, KAKINADA, EAST GODAVARI DISTRICT, ANDHRA PRADESH. 3.THE STATION HOUSE OFFICER, CORINGA POLICE STATION, TALLAREVU MANDAL, EAST GODAVARI DISTRICT, ANDHRA PRADESH. 4.CHINTHA PEDDA VENKATESWARLU, S/0. APPALA NARSAIAH, AGED ABOUT 75 YEARS, OCC AGRICULTURE, R/0. SERILANKA VILLAGE AND GRAM PANCHAYAT, K.GANGAVARAM MANDAL, EAST GODAVARI DISTRICT. 5.CHINTHA NAGESWARA RAO, S/O.CHINTHA PEDDA VENKATESWARLU AGED ABOUT 40 YEARS, OCC AGRICULTURE, R/0.SERILANKA VILLAGE AND GRAM PANCHAYAT, K.GANGAVARAM MANDAL, EAST GODAVARI DISTRICT. 6.CHINTHA VENKATARAMANA, S/O.CHINTHA VENKATESWARLU .AGED ABOUT 45 YEARS, OCC AGRICULTURE, R/O.SERILANKA VILLAGE AND GRAM PANCHAYAT, K.GANGAVARAM MANDAL, EAST GODAVARI DISTRICT. PEDDA ...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 2 be pleased to issue a writ, order or direction, more particularly one in the nature of Writ of Mandamus declaring the action of third respondent in not taking any action against respondents 4 to 6 in spite of registering an FIR in Crime No. 198/2020 dated 29.07.2020 on the file of Coringa Police Station, East Godavari District as arbitrary, illegal and against the principles of natural justice and right to life guaranteed under Article 21 of Constitution of India and pass Counsel for the Petitioner: 1.VSANTHISREE Counsel for the Respondent(S): 1.GP FOR HOME The Court made the following: ORDER: The instant Writ Petition is filed by the Petitioner seeking indulgence of this Court under Article 226 of the Constitution of India for the following relief: .... to issue a writ, order or direction, more particularly one in the nature of Writ of Mandamus declaring the action of third respondent in not taking any action against respondents 4 to 6 in spite of registering an FIR in Crime No.198/2020 dated 29.07.2020 on the file of Coringa Police Station, East Godavari District as arbitrary, illegal and against the principles of natural justice and right to life guaranteed under Article 21 of Constitution of India and pass ...." 2. Smt. V.Santhi Sree, learned counsel for the Petitioner would submit that respondent Police are not completing the investigation till date and sought for a direction to respondent police to conclude the investigation expeditiously. 3. Sri V.Farooq, learned Assistant Government Pleader for Home on instructions would submit that this Court may pass appropriate orders by disposing of this Writ Petition. 4. Considering the submission, this Writ Petition is disposed of. Respondent Police are directed to conclude the investigation and file final report according to law within a period of two months from the date of receipt of a copy of this Order. Needless to mention, Petitioner is at liberty to submit further information to the respondent Police during the process of investigation. No order as to costs. Pending applications, if any, shall stand closed. Sd/- K TATA RAO DEPUTYREGiSTRAR //TRUE COPY// s^CioT^'^officer To, 1. The Principal Secretary to Govt. Home Department, State of Andhra Pradesh, Secretariat Velagapudi, Amaravathi, Guntur District. 2. The Superintendent of Police, Kakinada, East Godavari District, Andhra Pradesh.■'> 3. The Station House Officer, Coringa Police Station, Tallarevu Mandal, East Godavari District, Andhra Pradesh. 4. One CC to M/s V Santhisree Advocate [OPUC] 5. Two CCs to GP for Home, High Court of Andhra Pradesh [OUT] 6. Two CD Copies GSC »} .<■ # ■■ N, HIGH COURT DATED;04/09/2025 ORDER WP NO. 15649 OF 2020 g 17 St? 2025 I . Current section . ^ DISPOSING THEWP WITHOUT COSTS