APHC010265652025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY,THE TWENTY SECOND DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION No. 13832/2025 Between: 1. BANTUMILLI KRISHNA, S/O SATYANARAYANA, AGED ABOUT 53 YEARS, OCC.ADVOCATE, R/O.D.NO.7-7-21, NARASAYYAGRAHAM, BHIMAVARAM, WEST GODAVARI DISTRICT-534201. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP., BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE DIRECTOR GENERAL OF POLICE, GOVERNMENT OF ANDHRA PRADESH, MANGALAGIRI, GUNTUR DISTRICT. 3. THE SUPERINTENDENT OF POLICE, WEST GODAVARI DISTRICT, BHIMAVARAM. 4. THE STATION HOUSE OFFICER, I TOWN POLICE STATION, BHIMAVARAM, WEST GODAVARI DISTRICT. 5. M NAGARAJU, S/O NOT KNOWN TO THE PETITIONER. AGED MAJOR, OCC. CIRCLE INSPECTOR POLICE, BHIMAVARAM I TOWN POLICE STATION, BHIMAVARAM WEST GODAVARI DISTRICT. 6. YUGANDHAR KIRAN KUAMR, S/O NOT KNOWN TO THE PETITIONER. AGED MAJOR, OCC. SUB INSPECTOR OF POLICE, BHIMAVARAM I TOWN POLICE STATION, BHIMAVARAM WEST GODAVARI DISTRICT. ...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 particularly in the nature of WRIT OF MANDAMUS (a) Declaring the action of the Respondent Nos. 2 and 3 in not registering the case under proper and stringent provisions of law, especially under Section 109 of BNS (U/s 307 IPC) in Crime No. 102 of 2025 of I Town Police station, Bhimavaram, despite the clear allegations and CCTV evidence, as illegal, arbitrary, 2 malafide, and violative of Articles 14 and 21 of the Constitution of India. ) Directing the 2nd and 3rd Respondents to entrust the investigation to a neutral agency or a senior police officer not connected with I Town Police Station, Bhimavaram, preferably CB-CID or a SIT, in view of the involvement and conflict of interest of Respondent Nos. 5 and 6. (c) Directing protection to the Petitioner, in light of the serious threats to his life and the targeted attack for discharging his professional duties as an Advocate. declaring the action of respondents 4 and 5 as illegal, arbitrary and unjust, without any authority of law and violative of Articles 14 and 21 of Constitution of India and also violative of police Standing orders and consequently to initiate action against the erring police officials and a court monitoring impartial investigation into the crime No. 102 of 2025 of I Town Police station, Bhimavaram and pass Counsel for the Petitioner: 1. BILAAL AHMED SYED Counsel for the Respondent(S): 1. GP FOR HOME The Court made the following: ORDER: This 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 in the nature of WRIT OF MANDAMUS (a) Declaring the action of the Respondent Nos. 2 and 3 in not registering the case under proper and stringent provisions of law, especially under Section 109 of BNS (U/s 307 IPC) in Crime No. 102 of 2025 of I Town Police station, Bhimavaram, despite the clear allegations and CCTV evidence, as illegal, arbitrary, malafide, and violative of Articles 14 and 21 of the Constitution of India. ) Directing the 2nd and 3rd Respondents to entrust the investigation to a neutral agency or a senior police officer not connected with I Town Police Station, Bhimavaram, preferably CB-CID or a SIT, in view of the involvement and conflict of interest of Respondent Nos. 5 and 6. (c) Directing protection to the Petitioner, in light of the serious threats to his life and the targeted attack for discharging his professional duties as an Advocate. declaring the action of respondents 4 and 5 as illegal, arbitrary and unjust, without any authority of law and violative of Articles 14 and 21 of Constitution of India and also violative of police Standing orders and consequently to initiate action against the erring police officials and a court monitoring impartial investigation into the crime No. 102 of 2025 of I Town Police station, Bhimavaram and pass ...” 3 2. Learned counsel for the Petitioner appeared through virtual mode and submitted that the subject matter of this Writ Petition does not survive for adjudication and that the Writ Petition has become infructuous. 3. Learned Assistant Government Pleader for Home submitted written instructions dated 17.07.2025 and the relevant paragraph reads thus: “On 03.04.2025, the Sub-Divisional Police Officer, Bhimavaram, issued a memo vide c.No.8/SDPO.B/Investigation/2025 instructing Inspector of Police, M.Naga Raju, Bhimavaram I Town Police Station to hand over the case diary (CD) file to the Circle Inspector of Police, Bhimavaram Rural Circle, for continued investigation and finalisation based on merits. Accordingly, on 25.06.2025, the Inspector of Police, Bhimavaram I Town Police Station, sent the CD file to Circle Inspector of Police, Bhimavaram Rural Circle.” 4. In that view, this Writ Petition is disposed of. No order as to costs. Pending applications, if any, shall stand closed. DR.JUSTICE VENKATA JYOTHIRMAI PRATAPA Mjl/* 4 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA Writ Petition No. 13832 of 2025 22.07.2025 Mjl /*