APHC010347302020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] MONDAY,THE FIRST DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 23052/2020 Between: 1. S.MUNIRAJA, S/O.MUNIRATNAM, OC.POLICE CONSTABLE R/O.RAJAGOPALAPURAM, 5TH LANE, NAIDUPETA, SPSR NELLORE DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY(HOME)DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT 2. THE SUPERINDENT OF POLICE, CHITTOOR DISTRICT AT CHITTOOR. 3. THE STATION HOUSE OFFICER, II TOWN POLICE STATION, SRIKALAHASTI TOWN, CHITTOOR 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 to issue appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents No.3 failed to conduct investigation in FIR No.64 of 2019, DT.13-06-2019 registered under section 324, 307 R/w.34 IPC as aribtrary, illegal against Art.19, 21 of the Constitution of India and consequentially direct the respondents No.3 to handover the investigation to any independent 2 investigation agency like CBI or another agency as per the Apex Court decision reported in AIR 2010 SC 1476 and to pass IA NO: 1 OF 2020 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 respondents No.3 not to proceed with the investigation of FIR No.64 of 2019, Dt: 13.06.2019 registered under section 324, 307 R/w.Sec.34 IPC pending disposal of the above writ petition and pass Counsel for the Petitioner: 1. NAGARAJU NAGURU Counsel for the Respondent(S): 1. GP FOR HOME (AP) 3 The Court made the following ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer: “…..to issue appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents No.3 failed to conduct investigation in FIR No.64 of 2019, DT.13-06-2019 registered under section 324, 307 R/w.34 IPC as aribtrary, illegal against Art.19, 21 of the Constitution of India and consequentially direct the respondents No.3 to handover the investigation to any independent investigation agency like CBI or another agency as per the Apex Court decision reported in AIR 2010 SC 1476 and to pass……” 2. Heard Sri Nagaraju Naguru, learned counsel for the petitioner and Sri V.Farook, learned Assistant Government Pleader for Home. 3. Learned counsel for the petitioner would submit that the respondent No.3 has failed to conduct the investigation in FIR No.64 of 2019 dated 13.06.2019 and seeking a direction to handover the investigation to any investigation agency. 4. Learned Assistant Government Pleader for Home on written instructions would submit that the charge sheet was already filed on 06.11.2020 and the case is now registered as PRC No.06 of 2025, on the file of AJCJ Court Srikalahasti and the Court may pass appropriate orders. 5. Recording the submission of learned Assistant Government Pleader, this Writ Petition is disposed of. There shall be no order as to costs. 4 As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 01.09.2025 MH 5 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA 67 WRIT PETITION NO: 23052/2020 Dt.01.09.2025 MH