APHC010341692025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY, THE SEVENTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION No. 17661/2025 Between: GANGISETTI DHARANI, W/O GANGISETTI NAGENDRA , AGED ABOUT 21 YEARS, OCC- HOUSE WIFE R/O D.NO.I-126, VALLUM VILLAGE, PALTHERU POST, TUNI MANDAL, KAKINADA DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PARADESH, REP.BY.ITS PRINCIPAL SECRETARY, HOME DEPARTMENT,SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE SUPERINTENDENT OF POLICE, KAKINADA, KAKINADA DISTRICT. 3. THE STATION HOUSE OFFICER, , TUNI RURAL P.S., KAKINADA DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner: 1. ARUN KUMAR R 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 exertion of the respondent No.3 in withdrawing the FIR registered under the Crime No.117 of 2025 dated 06.05.2025, for the offences punishable under Sections 329 (4), 74, 115 (2), 351 (3) r/w 3(5) of BNS, 2023 on the file of the Tuni Rural Police Station, Kakinada District and the inaction of the respondents No.3 in not filing final report/charge sheet in pursuance of the said crime, as illegal, arbitrary, colorable exercise of power and violative to the procedures contemplated under BNSS, 2023 and well-established legal principles apart from being violative of the 2 fundamental rights guaranteed to me under Articles 14, 19 and 21 of the Constitution of India and consequently, direct the respondent No.3 to file final report/ charge sheet in the aforementioned crime.” 2. Sri Md.Farooq, learned Assistant Government Pleader for Home, on written instructions, would submit that the Police have registered the case based on the complaint of the Petitioner and the investigation is at the final stage. 3. For ready reference, the written instructions are extracted hereunder: “For which, basing on report of the petitioner Gangisetti Dharani, another FIR in Crime No.117/2025 u/s 329 (4), 74, 115 (2), 351(3) r/w 3 (5) BNS of Tuni Rural P.S. is registered on 6.5.2025 at 10.00 A.M. and investigating into. During the course of investigation, I have visited the scene of offence and so far 6 witnesses examined and the investigation is in final stage, final report shall be filed before the Court of Hon'ble JFCM, Tuni. Further the petitioner alleged that the Police personnel of Tuni Rural Police Station are frequently approaching petitioner to withdraw both the FIRS filed against petitioner's husband and her in-laws. It is submitted that the petitioner making false allegations against the Police. In fact, the petitioner not satisfied with the Police action, that Police did not send her husband and in laws to judicial remand (Jail) by arresting them. As per law I served notices u/sec. 35 (3) BNSS and filed charge sheet in Cr.No.259/2024 of Tuni Rural P.S. When that time also the petitioner submitted representation to the District Collector on the issue that Police not arrested her husband and in laws to send them to Jail. So that reason, at present also the petitioner making false allegation against Police. I or my Police station staff never asked her to withdraw the case. Further it is submitted that I am ready to give protection to the petitioner and her family members.” 4. Sri R.Arun Kumar, learned counsel for the Petitioner would submit that, recording the same, the petition may be disposed of. 3 5. Considering the submissions made, the Writ Petition is disposed of. However, Police are directed to conclude the investigation and file a report according to law as expeditiously as possible. 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:17.07.2025 Dinesh 4 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.17622 of 2025 Dt.17.07.2025 Dinesh