APHC010356552025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) Si MONDAY, THE TWENTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 18131 OF 2Q2fi Between: 1. Khambampati Jyothi Swaroop, rep. by its GPA Holder by his father Khambampati Venkata Satyanarayana Rao, s/o Purushotham about 59 years, Business, Reddigudem (v) and (m), Krishna District. 2. Khambampati Venkata Satyanarayana, s/o Purushotham, aged about 59 years. Business, Reddigudem (v) and (m), Krishna District. aged ...Petitioners AND 1. The State of Andhra Pradesh, rep. by its Principal Secretary (HOME) department. Secretariat Buildings, Amaravathi 2. The Superintendent of Police, NTR District 3. The Circle Inspector of Police, Reddigudem (v) and (m), Krishna District 4. The Subinspector of Police, Reddigudem (v) and (m), Krishna District 5. The Station House Officer SHO, Mylavaram P.S. Reddigudem Mandal, Krishna District Mylavaram ...Respondents Petition under Article 226 of the Constitution of circumstances stated in the affidavit filed therewith, pleased to issue a writ of MANDAMUS ^ declaring the inaction of the respondents in conducting the fair, proper India praying that in the the High Court may be or any other writ, order or direction by impartial and effective investigation and without registering the FIR and not even submitting the report as per the order dated 28.06.2024 passed by Honble II Additional Judicial I Class Magistrate, at Mylavaram as illegal arbitrary, unconstitutional and violative of Art. 14, 21 and 300A of the constitution of India and consequently DIRECT the respondents to conduct the Hon'ble II Additional Judicial I Class expeditiously as possible in the interest of justice. the investigationand submit report to Magistrate, at Mylavaram as lA NO: 1 OF 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 protect me and the my property as there is a threat of life from the respondents In the interest of justice, pending disposal Of the above writ petition. Counsel for the Petitioners: SRI KUNTAMUKKALA SAI SREE SANJAY Counsel for the Respondents: GP FOR HOME The Court made the following order: 0,- APHC010356552025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MOrvlDAY, THE TWENTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 18131/2025 [339e] Between: 1.KHAMBAMPATI JYOTHI SWAROOP, REP. BY ITS GPA HOLDER BY HIS FATHER KHAMBAMPATI VENKATA SATYANARAYANA RAO S/0 PURUSHOTHAM, AGED ABOUT 59 YEARS REDDIGUDEM (V) AND (M), KRISHNA DISTRICT. 2. KHAMBAMPATI VENKATA SATYANARAYANA, S/0 PURUSHOTHAM AGED ABOTU 59 YEARS. BUSINESS, REDDIGUDEM (V) AND (M)’ KRISHNA DISTRICT. BUSINESS, ...PETIJIONER(Sj AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY (HOME) DEPARTMENT. SECRETARIAT BUILDINGS, AMARAVATHI 2.THE SUPERINTENDENT OF POLICE, NTR DISTRICT 3.THE CIRCLE INSPECTOR OF POLICE, REDDIGUDEM (V) AND (M) KRISHNA DISTRICT 4.THE SUBINSPECTOR OF POLICE, REDDIGUDEM (V) AND (M) KRISHNA DISTRICT 5.THE STATION HOUSE OFFICER SHO, MYLAVARAM P.S., MVlAVARAM, REDDIGUDEM MANDAL, KRISHNA DISTRICT ...RESPONDENT(S): Counsel for the Petitioner(S): 1.KUNTAMUKKALA SAt SREE SANJAY 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: I 2 ■ ■■■a Writ of Mandamus declaring the inaction of the respondents in conducting the fair, proper, impartial and effective investigation and without '-Roistering the FIR and not even submitting the report as per the order t f " ^^ditiona! Judicial / Class /Wy/ai/aram as Illegal, arbitrary, unconstitutional and violative o Art. 14, 21 and 300A of the constition of India and conseguently DIRECT ■ u conduct the investigation and submit report to the Honble II Additional Judicial I Class Magistrate, at Mylavaram expeditiously as possible in the interest ofjustice." as 2. Sri Kuntamukkala Sai Sree Sanjay, learned counsel for the Petitioners would submit that in spite of the order dated 28.06.2024 passed C.F.R.No.451 of 2024 by the learned II Additional Judicial First Class Magistrate directing the SHO, Mylavaram to conduct investigation the Nuzivid matter and to submit a report on or before 29.07.2024, the Respondents - Police failed to comply with the same. 3. Sn Md.Farooq, learned Assistant Government Pleader for Home written instructions, would submit that, based , on on the complaints dated 21.01.2024 and 16.02.2024 given by Petitioner No.2, two Nos.41 of 2024 and 68 of 2024 case in. Crime respectively have been registered by Reddygudem Police and charge sheets have also been filed in the said crimes and the same are pending trial. It is submitted that, a counter case in Crime No.69 of 2024 has also been filed based N.Ramprasad and the same is pending investigation. 4. As seen from the material placed on record. Petitioner No.2 herein lodged complaints dated 26.02.2024 and 28.02.2024 with Respondents - Police, however, no action has been taken on the said complaints. As such, private complaint has been filed before the trial Court, wherein, the learned on the complaint lodged by one 3 Magistrate, after recording the sworn statements of the Complainant and the witnesses, by exercising the power under Section 202(1) Cr.P.C., directed the Police to investigate into the matter and report by 29.07.2024 did not comply with the same. The petition filed by the Petitioners before the trial Court seeking ‘a direction to the SHO, Reddigudem Police Station to register the case against the Accused therein, was simply adjourned to Till today, no investigation has been conducted by the But, the Police 30.09.2025. Respondents. 5. If a Magistrate records the sworn statements of the Complainant and the witnesses and* still directs the Police to investigate the matter contemplated under Section 292 Cr.P.C., to determine as to whether there are sufficient grounds to proceed with the case against the Accused, it is only to assist the Magistrate. The Magistrate after receipt of the report, decides whether to issue process to the Accused or dismiss the complaint. In the light of the directions issued by the Court to the Police, they need not register the F.I.R, but they are directed to investigate into the contents of the complaint and the statements of the witnesses and report to the Court. The direction which was given to the Police to investigate the matter is for a limited purpose of assisting the Court to take a decision over the matter. In view of the aforementioned circumstances, this Writ Petition is disposed of directing the concerned Police to conclude the investigation directed by the learned Magistrate, as expeditiously as possible and file a as 6. , as 4 report not later than one month from the date of receipt of copy of this Order^ There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed. Sd/- K. SRINIVASA RAJU ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To 1- The Principal Secretary (HOME) Amaravathi 2. The Superintendent of Police, NTR District 3. The Circle Inspector of Police, 4. The Sub-Inspector of Police 5. The Station House Reddigudem Mandal, Krishna District 6. One CC to Sri Kuntamukkala Sai 7. Two CCs to GP for Home, 8. Two CD Copies department. Secretariat Buildings, Reddigudem (v) and (m), Krishna District Reddigudem (v) and (m), Krishna District Officer SHO, Mylavaram PS.. Mylavaram, Sree Sanjay Advocate [OPUC] High Court of Andhra Pradesh [OUT] TF d HIGH COURT DATED:21/07/2025 ORDER WP NO. 18131 OF 2025 DISPOSING OF THE W.P., WITHOUT COSTS