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2025 DAILYLAW 24448 (AP)

Jetti Parameswara Rao, v. The State of Andhra Pradesh,

WP/17604/2025 · 2025-07-21

Venkata Jyothirmai Pratapa

body2025

Judgment text

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APHC010345512025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY,THE TWENTY SECOND DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION No. 17604/2025 Between: 1. JETTI PARAMESWARA RAO, SON OF KOTESWARA RAO, AGE 36 YEARS, OCC AGRICULTURIST, RESIDENT OF PRATHIPADU VILLAGE, GUNTUR DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT BUILDING, VELAGAPUDI, GUNTUR DISTRICT. 2. THE SUPERINTENDENT OF POLICE, GUNTUR DISTRICT, GUNTUR. 3. THE DEPUTY SUPERINTENDENT OF POLICE, SOUTH DIVISIONAL POLICE OFFICE, 0PP.GUNTUR COLLECTORATE GUNTUR DISTRICT, GUNTUR. 4. THE STATION HOUSE OFFICER, PRATHIPADU POLICE STATION, GUNTUR 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 an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not considering the representation of the petitioner dated 28.06.2025 by conducting the investigation in fair manner, thereby taking into consideration of all the technical evidences including the cell tower location and the call history of both the parties which are available for the investigating officer to prove the involvement of the accused in both the crimes vide Crime No.53 of 2025 dated 21.06.2025 and Crime No.54 of 2025 on 21.06.2025 before the 4th respondent Police Station which is highly illegal, arbitrary and violation of Article 14 and 21 of the Constitution of India and consequently direct the respondents to supervise the investigation in both the afore mentioned criminal cases by taking into consideration of the criminal nature of the accused in Crime No.54 of 2025 2 Counsel for the Petitioner: 1. ELURU SESHA MAHESH BABU Counsel for the Respondent(S): 1. GP FOR HOME The Court made the following: ORDER: This Writ Petition is filed by the Petitioner seeking indulgence of this Court under Article 226 of the Constitution of India for the following relief: “ .... to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not considering the representation of the petitioner dated 28.06.2025 by conducting the investigation in fair manner, thereby taking into consideration of all the technical evidences including the cell tower location and the call history of both the parties which are available for the investigating officer to prove the involvement of the accused in both the crimes vide Crime No.53 of 2025 dated 21.06.2025 and Crime No.54 of 2025 on 21.06.2025 before the 4th respondent Police Station which is highly illegal, arbitrary and violation of Article 14 and 21 of the Constitution of India and consequently direct the respondents to supervise the investigation in both the afore mentioned criminal cases by taking into consideration of the criminal nature of the accused in Crime No.54 of 2025 ...” 2. Learned counsel for the Petitioner would submit that on the complaint given by one Jetti Giri Prasad, Petitioner was shown as accused in Crime No.54/2025 of Prathipadu Police Station, Guntur District for the offence punishable under Section 118(1) BNS. Petitioner herein gave a complaint against one Giri Prasad which is the subject matter of Crime No.53 of 2025 of Prathipadu Police Station. Learned counsel would further submit that Petitioner made a representation dated 28.06.2025 to the Police to conduct fair investigation in both the cases by collecting technical evidence which was not considered by the 3 Police. Learned counsel sought for a direction to the respondent police to take appropriate steps on the petitioner’s representation. 3. Assistant Government Pleader for Home appearing for respondents on Written Instructions dated 21.07.2025 would submit that these are case and counter cases and ruing the course of investigation, the Investigation Officer recorded he statements of the witnesses and that the case is under investigation and it will be finalised soon on merits as per law. 4. In that view, it is apposite to direct the police to take appropriate steps on the representation of the Petitioner dated 28.06.2025 and act according to law. 5. Accordingly, this Writ Petition is disposed of. No order as to costs. Pending applications, if any, shall stand closed. DR.JUSTICE VENKATA JYOTHIRMAI PRATAPA Mjl/* 4 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA Writ Petition No.17604 of 2025 22.07.2025 Mjl /*