Alapati Manikayala Rao, v. The State of Andhra Pradesh,
WP/12696/2025 · 2025-05-15
Y Lakshmana Rao
body2025
DailyLaw.ai
[ 2025 DAILYLAW 18350 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 18350 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATT>^ (Special Original Jurisdiction) FRIDAY, THE SIXTEENTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO: 12696 OF 2025 Between: Alapati Manikayala Rao, S/o.Satyanarayana aged 60 years, Occ- Agriculture, R/o.Chagallu Post and Village, East Godavari District, Andhra Pradesh ...Petitioner AND
1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Home Department, A.P. Secretariat, Amaravati. 2. The Superintendent of Police, East Godavari District, Andhra Pradesh. 3. The Deputy Superintendent of Police, Kovvur, East Godavari District Andhra Pradesh. 4. The Circle Inspector, Kovvur Rural Circle, Kovvur, East Godavari District, Andhra Pradesh. 5. The Station House Officer, Chagallu Police Station, Chagallu East Godavari District. 6. V. Vijaya Radhika, D/o.Sri Vinnakota Venkateswar Rao, Aged - 48 years, Occ- Advocate, R/o.Flat No.408, Naresh Towers, Pathebad, Eluru City, Andhra Pradesh. 7. Gutta Srinivas, S/o.Late Nageshwar Rao Aged 62 years, Occ- Business, R/o.D.No.5-86, Opp- K.S.Talkies, Hanuman Junction, Bapulapadu, Krishna District, 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 be pleased to issue an appropriate writ, order direction more particularly one in the nature of writ of mandamus, by declaring the action of the respondents No.2 to Sin attempting to file a closure report in crime No. 178 of 2024 on the file of PS, Chagallustating the same to be civil in nature may
without even recording petitioner's statement U/s.180 B.N.S.S., without ascertaining the geuninity of the forged signatures through forensic analysis by collecting the petitioners sample signatures and without to apprehend the accused even attempting persons as part of investigation, till date illegal, arbitrary and unconstitutional and in violation of Articles 14, 19 and 21 of the Constitution of India consequently direct the official as respondents particularly respondent No.5 to conduct fair and impartial investigation the crime No. 178 of 2024 dated 14-10-2024 by recording statement U/s.180 B.N.S.S., into petitioners to ascertain the geuninity of the forged signatures through forensic analysis by collecting the petitioners sample signatures and conduct proper enquiry and investigate the crime by following due process of law without referring to pending O.S.No.26 of 2024 before Hon'ble IX Additional District Judge Godavari and O.S.No.37 of 2024 before the Hon'ble Senior civil suits viz., , Kovvur, West Civil judge. Nuzvid, Krishna District.
Nuzvid, Krishna District. lA NO: 1 OF 2Q2fi 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 official respondents more particularly respondent No.5 to consider the evidences placed by the petitioner including petitioner's statement U/s.180 B.N.S.S. forged signatures through forensic analysis by collecting sample signatures, before filing any final report before the jurisdictional Magistrate, pending disposal of the above writ petition. Counsel for the Petitioner: SRI CH VENKAT RAMAN Counsel for the Respondents: GP FOR HOME The Court made the following order: recording of as certaining the genuinity of the the petitioner's
THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO: 12696 of 2025
Order: The Writ Petition is filed feeling aggrieved by the action of the respondent Nos.2 to 5 in attemptsing to file a closure report in Crime No.178 of 2024 on the file of Chagallu Police Station, as civil in nature without even recording petitioner’s statement under Section 180 of Bharatiya Nagarik Suraksha Sanhita, 2023. Sri V. Farook, learned Assistant Government Pleader, furnished a copy
2. of the letter addressed by the Sub-Inspector of Chagallu Police Station, East Godavari District, to the learned Government Pleader for Home and Law, wherein it is stated that the case was referred as civil in nature vide Proceedings C. No.89/Crime-Refer/SDPO-K/2025, dated 31.03.2025. In view of the same, the Writ Petition has become infructuous and the same js accordingly dismis^s^d as infructuous. There shall be no order as to costs
3.
•• V However, it is’^made clear that the petitioner may approach the
4. Jurisdictional Magistrate for appropriate relief in accordance with the procedure contemplated under law. As a sequel, miscellaneous petitions pending, if any, shall stand closed.
Sd/- K J RAJA BABU ASSISTANT REGISTRAR //TRUE COPY// KSECTIO>l OFFICER To One CC to Sri Ch Venkat Raman, Advocate [OPUC] High Court of Andhra Pradesh. [OUT] 1
2. Two CCs to GP for Home,
3. Two CD Copies RAM
I HIGH COURT DATED: 16/05/2025
ORDER I* U MAY 2025 | ^ . Current Section * ^ WP.No.12696 of 2025 DISMISSING THE WP AS INFRCUTUOUS WITHOUT COSTS