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2025 DAILYLAW 19382 (AP)

Dr. A.Sujatha v. THE STATE OF ANDHRA PRADESH

WP/15157/2025 · 2025-07-02

Harinath N

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

r APHC010271592025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) /W. THURSDAY,THE THIRD DAY OF JULY TWO THOUSAND AND TWENTY FIVE ip PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 15157 OF 2025 Between: Dr. A.Sujatha, W/o A.V. Prasad, Aged about 62 years, Occ; Doctor, R/o Alapati Nursing Home, Ganganammapet, Tenali, Guntur District, Andhra Pradesh. ...PETITIONER AND The State of Andhra Pradesh, Rep. by its Principal Secretary, Home Department, Secretariat Buildings Velagapudi, Amaravati, Guntur District, The Commissioner of Police, Visakhapatnam, Andhra Pradesh. The Station House Officer, Gajuwaka Police Station, Vishakhapatnam, Andhra Pradesh. A.V.N.Govinda Rao, R/o 49-51-7/16, Visakhapatnam District, Andhra Pradesh. U Suneela, W/o.Ankama Rao, R/o.H.No.60-3-13, Ramachandra Nagar Vijayawada-8, Andhra Pradesh 1. 2. 3. 4. Balaiah Sastry Layout, 5. ...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 an order, direction or writ, more particularly one in the nature of writ of Mandamus declaring the action of the 2'^^ Respondent in not acting on the representation of the petitioner dated 25.11.2023 for direction to Respondent to complete the investigation, filing of charge sheet including arrest of accused in Crime. No. 684 of 2019 dated 02.12.2019 under Sections 447, 427, 419,420,468,471 read with section 34 of the Indian Penal Code, 1860 as illegal, arbitrary, violation of principles of natural justice and violation of Article 21 of the Constitution of India and consequently direct the Respondent No. 3 to complete the investigation, filing of charge sheet including arrest of accused in Crime.No.684 of 2019 dated 02.12.2019 under section-447,427, 419,420,468,471 read with section 34 of the Indian Penal Code, 1860 forthwith. lA NO: 1 OF 2025 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 complete the investigation, filing of charge sheet including arrest of accused in Crime. No. 684 of 2019 dated 02.12.2019 under Sections 447, 427, 419,420,468,471 read with section 34 of the Indian Penal Code, 1860, pending disposal of the main Writ Petition. Counsel for the Petitioner: SRI SRINIVASA RAO BODDULURI Counsel for the Respondent Nos.1 to 3: GP FOR HOME Counsel for the Respondent Nos.4 & 5:— The Court made the following order: r APHC010271592025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] THURSDAY,THE THIRD DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 15157/2025 Between: 1.DR. A.SUJATHA, , W/0 A.V. PRASAD, AGED ABOUT 62 YEARS, OCC DOCTOR, GANGANAMMAPET, PRADESH. R/0 ALAPATI NURSING HOME, TENALI, GUNTUR DISTRICT, ANDHRA ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT BUILDINGS VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT, 2.THE COMMISSIONER OF POLICE, VISAKHAPATNAM, ANDHRA PRADESH. 3.THE STATION HOUSE OFFICER, GAJUWAKA POLICE STATION, VISHAKHAPATNAM, ANDHRA PRADESH. 4.A V N GOVINDA RAO, R/0 49-51-7/16, BALAIAH SASTRY LAYOUT, VISAKHAPATNAM DISTRICT, ANDHRA PRADESH. 5.U SUNEELA, W/O.ANKAMA RAO, RAMACHANDRA NAGAR VIJAYAWADA-8, ANDHRA PRADESH R/O.H.NO.60-3-13 ...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 tobe pleased to issue an order, direction or writ, more particularly 2 t? in the nature of writ of Mandamus declaring the action of the Respondent in not acting on the representation of the petitioner dated 25.11.2023 for direction to 3rd Respondent to complete the investigation, filing of charge sheet including arrest of accused in Crime. No. 684 of 2019 dated 02.12.2019 under Sections 447. 427. 419.420.468.471 read with section 34 of the Indian Penal Code. 1860 as illegal, arbitrary, violation of principles of natural justice and violation of Article 21 of the Constitution of India and consequently direct the Respondent No. 3 to complete the investigation, filing of charge sheet including arrest of accused in Crime.No.684 of 2019 dated 02.12.2019 under section-447.427. 419.420.468.471 read with the Indian Penal Code. 1860 forthwith and pass such lA NO: 1 OF 2025 one 2nd section 34 of 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 may be pleased to direct the Respondents 2 and 3 to complete the investigation, filing of charge sheet including arrest of accused in Crime. No. 684 of 2019 dated 02.12.2019 under Sections 447. 427. 419 420 468 471 read with section 34 of the Indian Penal Code, 1860, pending disposal of the main Writ Petition, and pass such Counsel for the Petitioner: 1.SRINIVASA RAO BODDULURI Counsel for the Respondent(S): 1.GP FOR HOME 3 w The Court made the following Order: Heard learned counsel for the petitioner and learned Assistant Government Pleader for Home, appearing for the respondents 1 to 3. Learned counsel for the petitioner submits that the petitioner is aggrieved by the inaction of the Investigating Officer of Crime No.684 of 2019 in not completing the investigation and filing charge sheet. Learned Assistant Government Pleader, on instructions, submits r 2. 3. that, the police are in the process of collecting additional evidence and that at any rate, they will complete the investigation, within a period of four (04) weeks. Recording the above submission, this Writ Petition is disposed of. 4. at the stage of admission. No costs. As a sequel, miscellaneous petitions, if any, shall stand closed. Sd/- N NAGAfi^?i/tA ' assistant registrar 5. ' SECTION OFFICER //TRUE COPY// To, 1. The Principal Secretary, Home Department, State of Andhra Pradesh, Secretariat Buildings Velagapudi, Amaravati, Guntur District, 2. The Commissioner of Police, Visakhapatnam, Andhra Pradesh. 3. The Station House Officer, Gajuwaka Police Station, Vishakhapatnam, Andhra Pradesh. 4. One CC to Sri Srinivasa Rao Bodduluri, Advocate [OPUC] 5. Two CCs to GP for Home, High Court of Andhra Pradesh [OUT] 6. Two CD Copies. ssb HIGH COURT DATED:03/07/2025 ORDER WP No.15157 OF 2025 DISPOSING OF THE W.P. AT THE STAGE OF ADMISSION WITHOUT COSTS