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2025 DAILYLAW 20439 (AP)

Gadikota Renukamma, v. The State of Andhra Pradesh,

WP/14377/2024 · 2025-09-11

Venkata Jyothirmai Pratapa

body2025

Judgment text

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•• 4 APHC010286832024 IN THE HIGH COURT OF ANDHRA PRADESH^^^^^ ATAMARAVATI (Special Original Jurisdiction) FRIDAY, THE TWELFTH DAY OF SEPTEMli^ER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 14377 OF 2024 Between: Gadikota Renukamma, W/o. G. Babu Chowdary, aged 46 years. Resident of Abbinayudupalli, H/o. Settigunta Village, Ryl.Koduru Msndal, Annamayya District. ...Petitioner AND 1. The State of Andhra Pradesh, Represented by its Principal Secretary, Departmental Home, Secretariat, Velagapudi, Amarat/ati. 2. The Superintendent of Police, Annamayya District, Rs yachoti. 3. The Station House Officer, Urban Police Station, F:iy. Koduru, Rly. Koduru Mandal, Annamayya District. ...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 on in the mandamus declaring the action of the respondent Police in not conducting proper investigation in Cr.No. 161 of 2024 in Rly. Koduru, Urban Police Station as highly arbitrary, null and void and against the provisions of Criminal Procedure Code and consequently to direct the 2nd respondent herein to handover the investigation to the Crime Investigation Depart nent or any other nature of writ of Investigation Agency within Annamayya District in Cr. No 161 of 2024 of RIy. Koduru, Urban Police Station. lA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the 2'^^ respondent herein to entrust the investigation in Cr. No. 161 of 2024 of RIy. Koduru, Urban Police to Crime Investigation Department or any other Investigation Agency within Annamayya District pending disposal of the above writ petition. Counsel for the Petitioner: SRI BALAJI MEDAMALLI Counsel for the Respondents; GP FOR HOME The Court made the following: Cr. APHC010286832024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction] FRIDAY,THE TWELFTH DAY OF SEPTEIViBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION No. 14377/2024 [3396] Between; 1.GADIKOTA RENUKAMMA, W/O.G.BABU CHOWi:)ARY, AGED 46 YEARS. RESIDENT OF ABBINAYUDUPALLl, H/0. SETTIGUNTA VILLAGE, RYL.KODURU MANDAL, ANNAMAYYA DISTRICT ...PETITIONER AND 1 THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS HOME, PRINCIPAL SECRETARY, DEPARTMENTAL SECRETATIRE, VELAGAPUDI, AMARAVATI 2.THE SUPERINTENDENT OF POLICE, ANNAMAYYA DISTRICT, RAYACHOTI. 3.THE STATION HOUSE OFFICER, URBAN POLICE STATION, RIY. KODURU RLY. KODURU MANDAL, ANNAMAYY/\ 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 on in the nature of writ of mandamus declaring the action of the respondent Police in not conducting proper investigation in Cr.No.161 of 2024 in RIy. Kodjru, Urban Police Station as highly arbitrary, null and void and against the provisions of Criminal Procedure Code and consequently to direct tlie 2" respondent herein to handover the investigation to the Crime Investiriation Department or any other Investigation Agency within Annamayya District in Cr. No 161 of 2024 of RIy. Koduru, Urban Police Station and to pass Counsel for the Petitioner: 1.BALAJI MEDAMALLI Counsel for the Respondent(S): 1.GP FOR HOME 2 The Court made the following: ORDER: The instant Writ Petition is filed by the Petitioner s;^eking indulgence of this Court under Article 226 of the Constitution of India for the following to issue a writ, order or direction on in the nature of writ of mandamus declaring the action of the respondent Police n not conductina proper investigation in Cr.No.l61 of 2024 in RIy. Koduru, Urb:in Police Station as highly arbitrary, null and void and against the provisions of Criminal Procedure Code and consequently to direct the 2"^ respondent herei 1 to handover the investigation to the Crime Investigation Department or any other Investigation Agency within Annamayya District in Cr. No 161 of 2024 of RIy. Koduru Urban Police Station and to pass ..." relief: Heard learned counsel for the Petitioner Government Pleader for Home appearing for respondent material on record. At the time of hearing, learned Assistant Government Pleader filed written instructions and brought to the notice of this Court 22.10.2024 and it reads as under: anc learned Assistant State. Perused the for Home vide Order dated Heard learned counsel for the Petitioner. Learned Assistant Government Pleader on instructions v/ould submit that basing on the wound certificate of the injured, the Police fil-d a memo before the leaner Magistrate including the offence punishable under Section 326 IPC in addition to the existing penal sections. In that view of the matter, the Police are at liberty to take necessary steps as Section 326 IPC is punishable for imprisonment of life and has no application of Section 41A Cr.P.C. during investigation for completing the investigation. List after two (02) weeks. 3 Learned counsel would submit basing on the wound certificates of the witnesses (L.Ws.l and 2), investigating agency filed a by adding Section 326 IPC to the existing sections of law altering the Section of to 326 IPC. Further, investigation is not complete d and would submit that this Court may pass appropriate orders by disposing of this Writ Petition. Learned counsel for the Petitioner would submit that recording the said submission, this Writ Petition may be disposed of. the light of the submissions made, this Writ Petition is disposed of. Petitioner is at liberty to approach respondent Police and furnish any information Me mo before the Trial Court In with regard to the subject matter if so required. On such information. Police shall look into the matter and take appropriate action respondent according to law. Further, respondent Police shall conclude he investigation and file final report with regard to the subject matter within a period of two months from the date of receipt of a copy of this Order. No order as to costs. Pending applications, if any, shall stand closed. d/-T. SRINIVASA RAO SISTANT REGISTRAR //TRUE COPY// AS SECTION OFFICER To, Departmental Home, State of Andhra Pradesh, 1. The Principal Secretary Secretariat, Velagapudi, Amaravati. Superintendent of Police, Annamayya District, Flayachoti. Urban Police Station, Rly. Koduru, Rly. 2. The 3. The Station House Officer Koduru Mandal, Annamayya District. 4. One CC to Sri Balaji Medamalli, Advocate [OPUC] High Court of Andhra Pr ijdesh [OUT] 5. TwoCCsto GP for Home 6. Two CD Copies Cnr HIGH COURT DATED:12/09/2025 ORDER WP NO. 14377 OF 2024 ) DISPOSING OF THE W.P. WITHOUT COSTS