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2025 DAILYLAW 25287 (AP)

KALAPATI MANI v. THE STATE OF ANDHRA PRADESH

WP/18335/2025 · 2025-07-28

Venkata Jyothirmai Pratapa

body2025

Judgment text

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APHC010357122025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY, THE TWENTY NINETH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 18335/2025 Between: 1. KALAPATI MANI, S/O. LATE K SUBBARAYALU, AGED 39 YEARS RESIDENT OF DOOR. NO. 19-10-104/2, NEW INDIRA NAGAR, TIRUPATI, TIRUPATI DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 2. THE SUPERINTENDENT OF POLICE, TIRUPATI DISTRICT. 3. THE STATION HOUSE OFFICER, TIRUPATI EAST POLICE STATION, TIRUPATI 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 topleased 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 concluding the investigation in Crime No. 53 of 2025 before the 3RD respondent Police Station on 16.02.2025 for the offences U/s.318(4), 308(2), 351(2) r/w 3(5) BNS, 3(1 )(r), 3(1 )(s) SC ST POA Act, by filing final report before the concerned court in a fair manner and further to conduct re-investigation if so required, as the present 1.0 is not conducting the investigation in the fair manner 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 the aforementioned criminal case 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 pleased to direct the Respondents to conduct a fair investigation in Crime No. 53 of 2025 before the 3RD respondent Police Station on 16.02.2025 for the offences U/s.318(4), 308(2), 351(2) r/w3(5) BNS, 3(1 )(r), 3(1 )(s) SC ST POAAct, before the 3RD respondent Police Station by considering the representation considered by the petitioner dated 07.07.2025 and pass Counsel for the Petitioner: 1. ELURU SESHA MAHESH BABU Counsel for the Respondent(S): 2 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: “.... a Writ Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not concluding the investigation in Crime No.53 of 2025 before the 3rd respondent Police Station on 16.02.2025 for the offences U/s 318(4) 308(2) 351(2) r/w 35 BNS 3(1)(r) 3(1)(s) SC ST POA Act by filing final report before the concerned court in a fair manner and further to conduct reinvestigation if so required as the present i.o is not conducting the investigation in the fair manner 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 the aforementioned criminal case” 2. Heard learned counsel for the petitioner and the learned Assistant Government Pleader for Home. 3. Learned counsel for the petitioner would submit that a direction may be given to the respondent/police to conclude the investigation in Crime No.50 of 2025 and file a final report. 4. Considering the submissions made, the Writ Petition is disposed of. However, Police are directed to conclude the investigation in the above crime and file a report in accordance with law, within a period of three months from the date of receipt of a copy of this order. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed. ________________________________________ Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA Date:29.07.2025 Asr 3 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.18335 of 2025 Dt.29.07.2025 Asr