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2025 DAILYLAW 26167 (AP)

RASIGOLLA SUBBARAYUDU v. The State of Andhra Pradesh,

WP/18927/2025 · 2025-07-30

Venkata Jyothirmai Pratapa

body2025

Judgment text

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APHC010370192025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY,THE THIRTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 18927/2025 Between: 1. RASIGOLLA SUBBARAYUDU, S/O R.C.SUBBARAYUDU. AGED 35 YEARS.OCC SOFTWARE R/O D.NO 4/363-1 .G.V.SATRAM VILLAGE NANDYALAMPETA POST .MYDUKUR MANDAL KADAPA.DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY,HOME DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT 2. THE DIRECTOR GENERAL OF POLICE D G P, MANGALAGIRI .GUNTUR DISTRICT 3. THE SUPERINTENDENT OF POLICE, (S.P) KADAPA DISTRICT. 4. THE SUBINSPECTOR OF POLICE, MYDEKUR POLICE STATION KADAPA. DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner: 1. KRISHNA RAO M Counsel for the Respondent(S): 1. GP FOR HOME 2 The Court made the following: ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer: “….to issue a writ, order or direction more particularly one in the nature of a Writ of Mandamus declaring the action of the Respondents in not change the investigation officer (io) in My Complaint as illegal arbitrary violation of the Rules is illegal arbitrary whereby where under the petitioner submitted by the 2 respondent on 11-7-2025 as Highly illegal arbitrary in violation of Article 14 and 21 Of the Constitution of India and consequently direct the Respondents to change the investigation officer due to my Life and death condition and pass such.…” 2. Heard Sri M.Krishna Rao, learned counsel for the petitioner and Sri V.Farook, learned Assistant Government Pleader for Home. 3. Learned Assistant Government Pleader would submit that it is a dispute regarding the matrimonial relationship between the parties. A crime in Crime No. 8 of 2023 for the offences punishable under Sections 498(A), 506 r/w 34 IPC has been registered against the petitioner and his family members. The petitioner has also filed F.C.O.P. No. 157 of 2023. Learned Assistant Government Pleader would further submit that the police have called the petitioner to the police station to record his statement. Instead of attending the police station, he filed the present writ petition, and the investigation is still in progress. Learned Assistant Government Pleader would finally submit that the Court may pass appropriate orders. 3 4. Per contra, learned counsel for the petitioner would submit that the petitioner is anticipating a threat at the hands of the police, who may use third- degree methods against him. Learned counsel would further submit that a direction may be given to the police to record the statement of the petitioner in the presence of his counsel. 5. Considering the submissions made, this writ petition is disposed of. However, the police are directed to record the statement of the petitioner and videograph such statement. The petitioner is also permitted to take his counsel to the police station. While recording the statement, the counsel shall not interfere in the investigation, and he shall sit at a distance of fifteen feet. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATAJYOTHIRMAI PRATAPA Date: 31.07.2025 MH 4 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA 26 WRIT PETITION NO: 18927/2025 Dt.31.07.2025 MH