> APHC010333352023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) O TP ■a n* TUESDAY,THE SECOND DAY OF SEPTEMBER V? TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 17436 OF 2023 Between: Vegi Eliyazer, s/o Subba Rao, aged about 56 years, r/o D.No. 3-124B, Navajyothi Colony Hukumpeta, Rajamahendravaram Rural E.G.District. Mandal, ...Petitioner AND 1. The State of Andhra Pradesh, rep. by its Principal Secretary, Home Department, Secretariat, Velagapudi, Amaravati. 2. The Superintendent of Police, Kakinada Rural, East Godavari District. 3. The Station House Officer, GRP Railway Station, Rajamahendravaram East Godavari District. 4. Dasari Sharmila, W/O.Vegi Sudheer Kumar, D/0 Dasari Padma rao. Address 4-96 Gayatri nagar (h b colony) Purushothapuram Near mahathi public school, Pendurthi Sujatha nagar, Vishakapatnam 5. Dasari Padma Rao, S/O Not Known aged about 55 Address:4-96 Gayatri Nagar (h b colony),Purushothapuram Near Mahathi public school, Pendurthi Sujatha nagar, Vishakapatnam 6. Dasari Subba Lakshmi, W/o Dasari Padma Rao D/O Vissakoti Chandra rao, aged about 52 Gayatri Nagar (h b colony), Purushothapuram Near mahathi public school,Pendurthi Sujatha nagar,Vishakapatnam. . 7." Dasari Pavan Kumar, S/o Dasari Padma rao aged about.23 Gayatri (h b colony), Purushothapuram, Near mahathi public school, nagar Pendurthi,Sujatha nagar,Vishakapatnam. ...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 appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the respondent police in altering the section of Law from 174 Cr.P.C., to Sec. 306 and 120-B of I.P.C. in relation to FIR No. 68/2003 basing on the death message inspite of the written complaint given on 25-6-2023 as being illegal, arbitrary, unjust and unconstitutional and consequently direct the 4th respondent to forthwith alter the Section of Law from Sec. 174 Cr.P.C., to Sec. 306 and 120-B of I.P.C. against the unofficial respondents. lA NO: 1 OF 2023 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 respondent No.4 herein to forthwith take immediate action pursuant to the complaint dt. 25-6-2023 and alter section of Law from 174 Cr.P.C., to Sec. 306 and 120-B of I.P.C. in FIR No. 68/2023, pending disposal of the main Writ Petition. Counsel for the Petitioner: Smt. V*BABY RANI Counsel for the Respondents No.1 to 3; GP FOR HOME Counsel for the Respondents No.4 to 6: None appeared The Court made the following Order: APHC010333352023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] wm TUESDAY, THE SECOND DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 17436/2023 Between: 1.VEGI ELIYAZER, S/0 SUBBA RAO, AGED ABOUT 56 YEARS, R/0 D.NO. 3-124B, NAVAJYOTHl COLONY HUKUMPETA, RAJAMAHENDRAVARAM RURAL MANDAL, E.G.DISTRICT.. ...PETITIONER AND 1.THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI. 2.THE SUPERINTENDENT OF POLICE, KAKINADA RURAL, EAST GODAVARI DISTRICT. 3.THE STATION HOUSE OFFICER, GRP RAILWAY STATION, RAJAMAHENDRAVARAM EAST GODAVARI DISTRICT. 4.DASAR1 SHARMILA, W/O.VEGl SUDHEER KUMAR, D/0 DASARI PADMA RAO, ADDRESS.4-96 GAYATRI NAGAR (H B COLONY) PUBLIC MAHATHl NEAR PURUSHOTHAPURAM SCHOOL,PENDURTHI SUJATHA NAGAR,VlSHAKAPATNAM NOT KNOW AGED ABOUT .55 NAGAR COLONY),PURUSHOTHAPURAM NEAR MAHATHl PUBLIC SCHOOL,PENDURTHI SUJATHA NAGAR,VISHAKAPATNAM 6. DASARI SUBBA LAKSHMI, W/0 DASARI PADMA RAO D/0 VISSAKOTI CHANDRA RAO, AGED ABOUT 52 GAYATRI NAGAR (H B COLONY),PURUSHOTHAPURAM NEAR MAHATHl PUBLIC SCHOOL,PENDURTHI SUJATHA NAGAR,VISHAKAPATNAM. 7. DASARI PAVAN KUMAR, S/0 DASARI PADMA RAO AGED ABOUT.23 GAYATRI NAGAR (H B COLONY), PURUSHOTHAPURAM, NEAR MAHATHl PUBLIC SCHOOL, PENDURTHI,SUJATHA NAGAR,VISHAKAPATNAM 5. DASARI PADMA RAO, S/0 ADDRESS.4-96 (H B GAYATRI ...RESPONDENT(S): Counsel for the Petitioner: 1.VBABY RANI 2 Counsel for the Respondent{S): 1.GP FOR HOME 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 respondent police In altering the section of Law from 174 Cr P C to Sec 306 and 120B of 1 P C in relation to FIR No.68/2003 basing on the death message inspite of the written complaint given on 25.6.2023 as being illegal arbitrary unjust and unconstitutional and consequently direct the 4th respondent to forthwith alter the Section of Law from Sec 174 Cr P C to Sec 306 and 120B of I P C against the unofficial respondents” 2. Sri Md.Farooq, learned Assistant Government Pleader for Home would submit that now the Crime No.68 of 2023 is transferred to Bommuru Police Station and the investigation is pending and the Court may pass appropriate orders. Learned counsel for the petitioner would submit that the police intend to close the case as a suspicious death, instead of altering the offences to Sections 306 and 120B of the IPC against the unofficial respondents Considering the submissions made, the Writ Petition is disposed of. However, the police are directed to look into the grievance of the petitioner and the material furnished by the complainant, and to conclude the investigation and file a report in accordance with law within a period of two (2) months from the date of receipt of a copy of this order. The petitioner is directed to approach the police and assist them by providing any information available with them regarding the case. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending shall stand 3. 4. closed. Sd/- K TATA RAO de^t^bgistrar S^ECTION OFFICER //TRUE COPY// To, Home Department, Secretariat, Velagapudi, The Principal Secretary Amaravati. Superintendent of Police, Kakinada Rural, East Godavari District. 1. 2. The 3. The Station House Officer, GRP Railway Station, Rajamahendravaram East Godavari District. 4. OneCCto SRI. V BABY RANI Advocate [OPUC] 5. Two CCs to GP FOR HOME High Court of Andhra Pradesh [OUT] 6. Two CD Copies vna HIGH COURT DATED:02/09/2025 ORDER WP NO. 17436 OF 2023 % Or- i 16 SEP 2(125 m, V . Current Seciion .',y DISPOSING OF THE WRIT PETITION WITHOUT COSTS