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2025 DAILYLAW 25082 (AP)

SRI AVALA SURESH v. The State of Andhra Pradesh

WP/18182/2025 · 2025-07-20

Venkata Jyothirmai Pratapa

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

>s,4 - APHC010354212025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE TWENTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 18182 OF 2025 QMS O' ffi 3 Between: Sri Avala Suresh, S/o Seshulu, Aged 40 yrs, R/at Undandapuram Village, Nakkapalli Mandalam, Anakapalli District. ...Petitioner AND 1. The State of Andhra Pradesh, Represented by its Principal Secretary (Home), Secretariat, Velagapudi, Amaravathi. 2. The Directorate General of Police, D.G.P., Office, Mangalagiri, Guntur District. 3. The Deputy Inspector General of Police DIG, Visakhapatnam. 4. The Superintendent of Police, Anakapalli. 5. The Station House Officer, Nakkapalli Police Station Anakapalli District. Nakkapalli ...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 a Writ or Order or Direction more particularly nature of a Writ of Mandamus declaring the action of the particularly 4th and 5th Respondents in not initiating any action against the Accused in FXR.No.69/2025 dt.08-04-2025 one in the respondents as registered Under Sections Metered through 115(2),79,127(l)r/w3(5) of BNS later the same was Alteration Memo dt.09-04-2025 as Sections 115(2) r/w 3(5), 105 of BNS inspite of the fact that the petitioner’s mother Died due to the said acts as all are Illegal, Unlawful, Violation of alleged in the Complaint / F.I.R. Principles of Natural Justice, Violation of Article 14,19,21 of the Constitution of India, Consequently to direct the respondents to Investigate the matter in expeditious manner in F.LR.No.69/2025 of Nakkapalli P.S., Anakapalli District including Arrest of the Accused there by to submit final report before the Competent jurisdictional magistrate strictly by following the procedure under BNSS-2023 by Allowing the Writ Petition lA 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 to direct the respondents to take action as against the persons who are caused death of the petitioner’s mother by name AVALA LAXMI including the persons names arrayed as an Accused in F.I.R.No.69/2025 dt.08-04-2025 of Nakkapalli P.S., Anakapalli district pending disposal of the main Writ Petition Counsel for the Petitioner: SRI R SIVA SAI SWARUP Counsel for the Respondents No.1 to 5: GP FOR HOME The Court made the following order: ^ APHC010354212025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] MONDAY, THE TWENTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 18182/2025 Between: 1.SRI AVALA SURESH, S/0 SESHULU, AGED 40 YRS, R/AT MANDALAM, NAKKAPALLI UNDANDAPURAM VILLAGE, ANAKAPALLI DISTRICT. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY (HOME), SECRETARIAT, VELAGAPUDI, AMARAVATHI. 2.THE DIRECTORATE GENERAL OF POLICE, D.G.P., OFFICE, MANGALAGIRI, GUNTUR DISTRICT. 3.THE DEPUTY INSPECTOR GENERAL OF POLICE DIG, VISAKHAPATNAM. 4.THE SUPERINTENDENT OF POLICE, ANAKAPALLI. 5.THE STATION HOUSE OFFICER, NAKKAPALLI POLICE STATION, NAKKAPALLI, ANAKAPALLI 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 a Writ or Order or Direction more particularly one in the nature of a Writ of Mandamus declaring the action of the respondents particularly 4th and 5th Respondents in not initiating any action against the 2 Accused in F.LR.No.69/2025 dt.08-04-2025 as registered Under Sections 115(2),79,127(l)r/w3(5) of BNS later the same was Metered through Alteration Memo dt.09-04-2025 as Sections 115(2) r/w 3(5), 105 of BNS inspite of the fact that the petitoiner's mother Died due to the said acts as alleged in the Complaint / F.I.R., all are Illegal, Unlawful, Violation of Principles of Natural Justice, Violation of Article 14,19,21 of the Constitution of India, Consequently to direct the respondents to Investigatethe matter in expeditious manner in F.LR.No.69/2025 of Nakkapalli P.S., Anakapalli District including Arrest of the Accused there by to submit final report before the Competent jurisdictional magistrate strictly by following the procedure under BNSS-2023 by Allowing the Writ Petition and to pass lA 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 Fligh Court may be pleased Pleased to direct the respondents to take action as against the persons who are caused death of the petitoiner's mother by name AVALA LAXMI including the persons names arrayed as an Accused in F.LR.No.69/2025 dt.08-04- 2025 of Nakkapalli P.S., Anakapalli district pending disposal of the main Writ Petition and to pass Counsel for the Petitioner; 1.RSIVASAI SWARUP Counsel for the Respondent(S): 1.GP FOR HOME 3 % ’ THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 18182/2025 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “...pleased to issue a Writ or Order or Direction more particularly one in the nature of a Writ of Mandamus declaring the action of the respondents particularly 4th and 5th Respondents in not initiating any action against the Accused in F.I.R. No. 69/2025 dt. 08-04- 2025 as registered Under Sections 115(2),79,127(l)r/w3(5) of BNS later the same was Metered through Alteration Memo dt.09-04-2025 as Sections 115(2) r/w 3(5), 105 of BNS inspIte of the fact that the petitioner’s mother Died due to the said acts as alleged in the Complaint / F.I.R., all are Illegal, Unlawful, Violation of Principles of Natural Justice, Violation of Article 14,19,21 of the Constitution of India, Conseguently to direct the respondents to Investigate the matter in expeditious manner in F.I.R.No.69/2025 of Nakkapalli P.S., Anakapalli District including Arrest of the Accused there by to submit final report before the Competent jurisdictional magistrate strictly by following the procedure under BNSS-2023 by Allowing the Writ Petition and to pass... ” When the matter is taken up for hearing, learned Assistant Government 2. Pleader for Home upon written instructions would submit that basing on the complaint, the Police have registered a case in Crime No. 69 of 2025 dated 08.04.2025. The Police have examined 19 witnesses so far. Learned Assistant Government Pleader would further submit that there are no lapses on the part of the investigation process. The investigation is pending for examination of some more witnesses. mm 4 3. Sri R.Siva Sai Swaroop, learned counsel for the petitioner would submit that a direction may be given to the Police to conclude the expeditiously as possible. investigation as 4. Considering the submissions made, the Writ Petition is disposed of. However, the Police are directed to conclude the investigation and file a report before the concerned Court as expeditiously as possible. No order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. Sd/-KTATA RAO deputy registrar Section officer //TRUE COPY// To, Secretary (Home), State of Andhra Pradesh, Secretariat, 1. The Principal Velagapudi, Amaravathi. 2. The Directorate District. 3. The Deputy Inspector General of Police DIG, Visakhapatnam. 4. The Superintendent of Police, Anakapalli. 5. The Station House Officer, Nakkapalli Police Station, Nakkapalli, General of Police, D.G.P., Office, Mangalagiri, Guntur Anakapalli District. 6. OneCCto 7. Two CCs to GP 8. Two CD Copies SRI R SIVA SAI SWARUP Advocate [OPUC] FOR HOME High Court of Andhra Pradesh [OUT] gsg ■mil HIGH COURT DATED: 21/07/2025 ORDER WP NO. 18182 OF 2025 DISPOSING THE WP WITHOUT COSTS