Lingisetty Venkata Swamy, v. The State of Andhra Pradesh,
WP/18799/2020 · 2025-08-20
Venkata Jyothirmai Pratapa
body2025
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[ 2025 DAILYLAW 20300 (AP) · dailylaw.ai ]
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[ 2025 DAILYLAW 20300 (AP) · dailylaw.ai ]
Judgment text
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APHC010284522020
IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) THURSDAY,THE TWENTY FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 18799 OF 2020 Between:
1. Lingisetty Venkata Swamy,, S/o Venkateswarlu, Aged about 66 years, Occ. Senior Citizen, R/o. Flat No.300, Satya Grand Apartment, 2/17, Brodipet, Guntur. 1. The State of Andhra Pradesh, Rep. by its Pr of Home, Secretariat Buildings, Velagapudi, Guntur District. 2. The Superintendent of Police, Guntur Rural, Guntur, Guntur District
3. The Station House Officer, Phirangipuram Police Station, Phirangipuram, Guntur District. 4. Challa Leela Kumari, W/o Devana Nagendra Prasad, Aged about 46 years, Occ. housewife, Rio. Door NO.1 mandal, Prakasam District 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 topleased to issue a writ, order or direction more particularly one in nature of Writ of Mandamus, declaring the inaction on the part of the IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY,THE TWENTY FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA PETITION NO: 18799 OF 2020
1. Lingisetty Venkata Swamy,, S/o Venkateswarlu, Aged about 66 years, Occ. Senior Citizen, R/o. Flat No.300, Satya Grand Apartment, 2/17, Brodipet, ...Petitioner AND
1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Department of Home, Secretariat Buildings, Velagapudi, Guntur District. 2. The Superintendent of Police, Guntur Rural, Guntur, Guntur District
3. The Station House Officer, Phirangipuram Police Station, Phirangipuram, Challa Leela Kumari, W/o Devana Nagendra Prasad, Aged about 46 years, Occ. housewife, Rio. Door NO.1-80/2, Ramannapeta village, Vetapalem
...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 topleased to issue a writ, order or direction more particularly one in nature of Writ of Mandamus, declaring the inaction on the part of the IN THE HIGH COURT OF ANDHRA PRADESH
THURSDAY,THE TWENTY FIRST DAY OF AUGUST THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA
1. Lingisetty Venkata Swamy,, S/o Venkateswarlu, Aged about 66 years, Occ. Senior Citizen, R/o. Flat No.300, Satya Grand Apartment, 2/17, Brodipet, ...Petitioner incipal Secretary, Department
2. The Superintendent of Police, Guntur Rural, Guntur, Guntur District
3.
The Station House Officer, Phirangipuram Police Station, Phirangipuram, Challa Leela Kumari, W/o Devana Nagendra Prasad, Aged about 46 years, 80/2, Ramannapeta village, Vetapalem ...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 topleased to issue a writ, order or direction more particularly one in nature of Writ of Mandamus, declaring the inaction on the part of the
respondent No.3 in not investigating into the crime in FIR No. 203/2019 on the file the Phirangipuram Police expeditiously is as illegal, arbitrary, unjust and violative of Fundamental Rights enshrined under the Constitution of India and consequently direct the 31.1 respondent to investigate into the crime in F1R.No.20/2019 within a fixed time frame by providing reasonable opportunity to the petitioner to prove his innocence IA 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 pleased to direct the respondent No. 3 to forthwith investigate into the crime in FIR No. 203/2019 on the file of Phirangipuram Police by providing reasonable opportunity to the Petitioner, pending disposal of the above Writ Petition, and pass Counsel for the Petitioner: G KONDALA RAO Counsel for the Respondents: GP FOR HOME The Court made the following order:
THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 18799 OF 2020
ORDER:
This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for:
“…pleased to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondents, particularly 5th respondent in registering FIR No.179/2020, dated 10.10.2020 under section 174 Cr.P.C, though report was submitted for brutal murder of lst petitioner's daughterNenkata Ramana against the respondents 6 to 9, as illegal, irregular, irrational, amounts to non discharge of legal obligation conferred on them under the provisions of Code of Criminal Procedure, 1973 and offends article 14 of Constitution of India and consequently direct the respondents 1 to 5 to re-open the said crime against the offenders and transfer the entire file for investigation to any independent investigation agency such as S.I.T., C.I.D., or C.B.I. and pass…”
2. Heard Sri G.Kondalarao, learned counsel for the petitioner and Sri V.Farooq, learned Assistant Government Pleader for Home for the respondents.
3.
Learned counsel for the petitioner would submit that the police have not concluded the investigation in FIR No.203 of 2019 dated 05.10.2019 of Phirangipuram P.S., Guntur District, even after a lapse of six (06) years.
Learned counsel would further submit that a direction may be given to the respondent-police to conclude the investigation.
4. Learned Assistant Government Pleader would submit that the Court may pass appropriate orders.
5. Considering the submissions, the Writ Petition is disposed of. However, the Police are directed to conclude the investigation and file a report according to law within a period of three (3) months from the date of receipt of the copy of this order, if not already filed. No order as to costs.
As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 21.08.2025 KKV
HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA
W.P.No.18799 of 2020
Dated.21.08.2025
KKV