Extracted from the PDF above. The PDF is authoritative.
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APHC010346292025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] WEDNESDAY, THE SIXTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 17639/2025 Between:
1. KAVITA SRAVANTHI, W/O RAJASEKHAR AGED 44 YEARS OCC.
TEACHER R/O AKULA RELLI STREET, BOBBIN VIZIANAGARAM
...PETITIONER AND
1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT.
2. THE DIRECTOR GENERAL OF POLICE, AP O/O DIRECTOR GENERAL OF POLICE MANGALAGIRI, GUNTUR DISTRICT
3. THE SUPERINTENDENT OF POLICE, VIZIANAGARAM, VIZIANAGARAM DISTRICT
4. THE STATION HOUSE OFFICER, BOBBILLI TOWN POLICE STATION VIZIANAGARAM, VIZIANAGARAM 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 order, writ or direction, more particularly one in the nature of WRIT OF MANDAMUS declaring the action of respondents more particularly 4TH respondent delay in expedite and complete the investigation in Crime No.541 of 2023 on the file of Bobbili Town Police Station, including identification and recovery of the stolen property from the accused or other sources and handover the recovered articles to petitioner apart gross
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negligence in missing the amount of physical cash worth Rs. 13.50 Lakhs in FIR is illegal, arbitrary and violative of Articles 14 and 21 of the Constitution of India and consequently directing the Respondent authorities to expedite the investigation and take immediate steps to identify and recover the stolen property in Crime No.541 of 2023 on the file of Bobbili Town Police Station (ii) Direct 2nd respondent to form a Special Investigation Team (SIT) for expedite and complete the investigation in Crime No.541 of 2023 on the file of Bobbili Town Police Station and file a detailed status report regarding investigation, interrogation of accused, and efforts made toward recovery of stolen property including 13.50 lakhs in cash and pass IA NO: 1 OF 2025 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 Counsel for the Petitioner:
1. PAMARTHY RATHNAKAR Counsel for the Respondent(S):
1. GP FOR HOME
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THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 17639/2025
ORDER:
This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for:
“…pleased to issue an order, writ or direction, more particularly one in the nature of WRIT OF MANDAMUS declaring the action of respondents more particularly 4th respondent delay in expedite and complete the investigation in Crime No.541 of 2023 on the file of Bobbili Town Police Station, including identification and recovery of the stolen property from the accused or other sources and handover the recovered articles to petitioner apart gross negligence in missing the amount of physical cash worth Rs. 13.50 Lakhs in FIR is illegal, arbitrary and violative of Articles 14 and 21 of the Constitution of India and consequently directing the Respondent authorities to expedite the investigation and take immediate steps to identify and recover the stolen property in Crime No.541 of 2023 on the file of Bobbili Town Police Station (ii) Direct 2nd respondent to form a Special Investigation Team (SIT) for expedite and complete the investigation in Crime No.541 of 2023 on the file of Bobbili Town Police Station and file a detailed status report regarding investigation, interrogation of accused, and efforts made toward recovery of stolen property including 13.50 lakhs in cash and pass…”
2. Heard Sri Pamarthy Rathnakar, learned Counsel for the petitioner and Sri Md.Farooq, learned Assistant Government Pleader for Home for the respondents.
3. Learned Assistant Government Pleader for Home would submit that apart from 12 Tulas of gold, which was with the Mannapuram Gold, the Police during the course of investigation seized 20 (twenty) grams of gold. Learned Assistant Government Pleader would further submit that they have not produced the same before the Court, since there is a stay of all further
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proceedings relating to the notice issued to the Mannapuram Gold under Section 91 of Cr.P.C., for production of gold.
4.
Learned counsel for the petitioner would submit that the petitioner in his complaint clearly mentioned about the theft of Rs.13,50,000/- cash but it is not mentioned in the FIR.
5. Considering the submissions made and a fair look at the material placed on record, since there is a stay of all further proceedings relating to the notice issued to the Mannapuram Gold under Section 91 of Cr.P.C., for production of gold, the Police could not finalize the investigation. So far as, the non production of the gold before the trial court is concerned, the Police are
directed to produce the said gold before the concerned Magistrate Court immediately. The Police are further directed to take further steps regarding the missing of Rs.13,50,000/- cash which is referred in the complaint.
6. With these observations, the Writ Petition is disposed of. No order as to costs.
As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 16.07.2025 UPS
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HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA
W.P.No.17639 of 2025
Dated.16.07.2025
UPS
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