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APHC010298182018
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY, THE FIFTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION No. 13591/2018 Between:
NEPPALI KOTAIAH, S/O RAMAIAH, AGED ABOUT 65 YEARS, OCC .CULTIVATION, RIO. NIDUMUKKALA VILLAGE, TADIKONDA MANDAL, GUNTUR DISTRICT
...PETITIONER AND
1. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT
2. THE SUPERINTENDENT OF POLICE, GUNTUR URBAN, GUNTUR, GUNTUR DISTRICT
3. THE STATION HOUSE OFFICER, TADIKONDA POLICE STATION, TADIKONDA MANDAL, GUNTUR DISTRICT.
...RESPONDENT(S): Counsel for the Petitioner:
1. G KONDALA RAO Counsel for the Respondent(S):
1. GP FOR HOME (AP) The Court made the following:
ORDER:
This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for:
“.... a Writ of Mandamus declaring the action of the 3rd respondent in not fairly investigating into the matter in FIR No. 26/2018, dt. 04.02.2018 on the file of the Police Station, Tadikonda, Tadikonda Mandal, Guntur District and not providing protection to the life of the petitioner is illegal, arbitrary and contrary to the Fundamental Principles enshrined in the Constitution and consequently direct the 3rd respondent to fairly investigate into the matter in FIR No. 26/2018, dt. 04.02.2018
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on the file of the Police Station, Tadikonda, Tadikonda Mandal, Guntur District by providing protection to the life of the petitioner.”
2. Sri Md.Farooq, learned Assistant Government Pleader for Home, on written instructions, would submit that after completion of investigation, the 3rd Respondent will file report under Section 173 Cr.P.C. Learned Assistant Government Pleader would further submit that there is no threat to the Petitioner from the Accused in Cr.No.26/2018. For ready reference, the written instructions are extracted hereunder:
“2. It is submitted that it is fact that basing on the complaint of the petitioner, a case in Cr.No.26/2018, d. 04.02.2018, u/s. 419, 420, 468, 323, 506 r/w 34 IPC was registered on the file of the 3rd respondent police station and investigation was taken up. During the course of investigation, the investigating officer has addressed a letter dt. 18.04.2018 to the Sub-Registrar, Tadikonda has sought for certain information relating to this case for the purpose of investigation, which is awaited. In fact, the 3rd respondent has been conducting investigation strictly in accordance with law and as per the provisions of Criminal Procedure Code. It is submitted that after completion of investigation, the 3rd respondent will file report u/s. 173 Cr.PC. Further, there is no threat to the petitioner from the accused in Cr.No. 26/2018, dt. 04.02.2018. 3. It is submitted that the allegations of the petitioner that the 3rd respondent with an intention to help the accused did not proceed with the investigation and trying to obliterate the evidence with an intention to help the accused etc., and not providing protection to the petitioner, are incorrect and untenable. All these and such other false and baseless allegations against the 3rd respondent are concocted only for the sake of filing this writ petition and the same are hereby specifically denied.”
3.
Sri G.Kondala Rao, learned counsel for the Petitioner would submit that, recording the same, the petition may be disposed of. 4. Considering the submissions made, the Writ Petition is disposed of. In case, the Police failed to finalize the investigation by this day, they are
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directed to complete the investigation and file a report in accordance with law, within a period of two weeks from the date of receipt of copy of this order. There shall be no order as to costs.
As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed. ________________________________________ Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA Date:15.07.2025 Dinesh
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HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA
W.P.No.13591 of 2018
Dt.15.07.2025
Dinesh