GURWINDER SINGH MALHOTRA v. THE STATE OF ANDHRA PRADESH
WP/18994/2025 · 2025-07-23
Venkata Jyothirmai Pratapa
body2025
DailyLaw.ai
[ 2025 DAILYLAW 26546 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 26546 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010375362025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) SMB THURSDAY, THE TWENTY FOURTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 18994 OF 2025 Between: Gurwinder Singh Malhotra, S/o C.S. Malhotra Aged about 59 years, Indian Inhabitant, Presently Residing at.54/1304, NRI Complex, Nerul Navi Mumbai ...Petitioner AND
1. The State of Andhra Pradesh, rep. by its Principal Secretary, Home Department, Secretariat buildings, Velagapudi, Guntur District. 2. The Superintendent of Police, Sri Satya Sai District. 3. The Station House Officer, KIA Police Station, Penukonda Town and Mandal Sri Satya Sai District. 4. Mr Gaddam Kalimulla, S/o G.M.Usman Residing at HMT Colony, Penukonda,
5. Mr Kondepadu Gopinath, S/o K.Gopal R/o. D.No. 6-293, Haripuram Colony, Perur, Tirupathi, Chittoor District. 6. K Syamala, W/o. Not Known, C/o. D.No. 6-293, Haripuram Colony, Perur, Tirupathi, Chittoor District. 7. K Madhavi, W/o. Not Known, C/o. D.No. 6-293, Haripuram Colony, Perur, Timpathi, Chittoor District. 8. Takkalapati Prathiba, W/o. Not Known, C/o. D.No. 6-293, Haripuram Colony, Perur, Tirupathi, Chittoor District. 9. Golla Rajagopal, S/o. Not Known, C/o. D.No. Perur, Tirupathi, Chittoor District. 10.K Hemavathi, W/o. Not Known, C/o. D.No. Perur, Tirupathi, Chittoor District. H.Taehyupkim, S/o. Not Known, C/o. D.No. Perur, Tirupathi, Chittoor District 6-293, Haripuram Colony, 6-293, Haripuram Colony 6-293, Haripuram Colony, ...Respondents Petition under Article 226 of the Constitution of India circumstances stated in the affidavit filed therewith praying that in the the High Court may be pleased to issue a writ, order or direction more particularly one in the nature of mandamus declaring the action of the 3rd respondent in not conducting the investigation and filing the charge sheet in FIR No. 69/2024 dt. 12.10.2024 made by the petitioner is as illegal, arbitrary and violation of the Code of Criminal Procedure and provisions of consequently direct the 3rd respondent to conclude the investigation and file charge sheet lA NO: 1 OF 2()9fi 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 3rd respondent to conclude the investigation and file charge sheet In FIR No. 69/2024 dt. 12.10.2024 filed by the petitioner, the writ petition. Counsel for the Petitioner: SRI P NARASIMHULU Counsel for the Respondent Nos. 1 to 3: GP FOR HOME Counsel for the Respondent Nos.
4 to 11: - The Court made the following order: pending disposal of
APHC010375362025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] i THURSDAY.THE TWENTY FOURTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 18994/2025 Between:
1.GURWINDER SINGH MALHOTRA, S/0 C.S. MALHOTRA AGED ABOUT 59 YEARS, INDIAN INHABITANT, PRESENTLY RESIDING AT.54/1304, NRI COMPLEX, NERUL NAVI MUMBAI ...PETITIONER AND
1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 2. THE SUPERINTENDENT OF POLICE, SRI SATYA SAI DISTRICT. 3. THE STATION HOUSE OFFICER, KIA POLICE STATION PENUKONDA TOWN AND MANDAL SRI SATYA SAI DISTRICT. 4. MR GADDAM KALIMULLA, S/0 G.M.USMAN RESIDING AT HMT COLONY, PENUKONDA,
5. MR KONDEPADU GOPINATH, S/0 K.GOPAL R/0. D.NO. 6-293, PERUR, TIRUPATHI, CHITTOOR HARIPURAM COLONY, DISTRICT. 6. K SYAMALA, W/0. NOT KNOWN, C/0. D.NO. 6-293, HARIPURAM COLONY, PERUR, TIRUPATHI, CHITTOOR DISTRICT. 7. K MADHAVi, W/0. NOT KNOWN, C/0. D.NO. 6-293, HARIPURAM COLONY, PERUR, TIMPATHI, CHITTOOR DISTRICT. 8. TAKKALAPATI PRATHIBA, W/0. NOT KNOWN, C/0. D.NO. 6-293,
2 HARIPURAM COLONY, DISTRICT. PERUR, TIRUPATHI, CHITTOOR ^
9. GOLLA RAJAGOPAL, S/0. HARIPURAM COLONY, DISTRICT. NOT KNOWN, C/O.
D.NO. 6-293, PERUR, TIRUPATHI, CHITTOOR 10.K HEMAVATHI, W/0. NOT KNOWN, C/O. D.NO. 6-293, HARIPURAM COLONY, PERUR, TIRUPATHI, CHITTOOR DISTRICT. 11.TAEHYUPKIM, S/0. NOT KNOWN, C/O. D.NO. 6-293, HARIPURAM COLONY, PERUR, TIRUPATHI, 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 topleased to issue a writ, order or direction more particularly the nature of mandamus declaring the action of the 3rd respondent in not conducting the investigation and filing the charge sheet in FIR No. 69/2024 dt.
12.10.2024 made by the petitioner is as illegal, arbitrary and violation of the provisions of Code of Criminal Procedure and consequently direct the 3rd respondent to conclude the investigation and file charge sheet and 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 High Court may be pleased Pleased to direct the 3rd respondent to conclude the investigation and file charge sheet in FIR No. 69/2024 dt. 12.10.2024 filed by the petitioner, pending disposal of the writ petition, and pass Counsel for the Petitioner:
1.P NARASIMHULU Counsel for the Respondent(S):
1.GP FOR HOME one in
3 The Court made the following
ORDER; This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for;
“...to issue a writ order or direction more particularly one in the nature of mandamus declaring the action of the 3''^ respondent in not conducting the investigation and filing the charge sheet in FIR.No.69/2024 dt.12.10.2024 made by the petitioner is as illegal, arbitrary and violation of the provisions of Code of Criminal Procedure and consequently direct the 3''^ respondent to conclude the investigation and file charge sheet and pass such other order or orders...” Heard Sri P.Narasimhulu,
learned Counsel for the petitioner and
2. learned Assistant Government Pleader for Home representing the respondents.
Learned counsel for the petitioner would submit that FIR No.69 of 2024 was registered on 12.10.2024, so far the investigation is not concluded and a direction may be given to respondent No.3 to conclude the investigation. Learned Assistant Government Pleader for Home would submit that
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4. Court may pass appropriate orders. Considering the submissions, the Writ Petition is disposed of. However, the Police are directed to conclude the investigation and file a report according
5. to law, as expeditiously as possible. No order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed.
Sd/- B PRASADA RAO ASSISTANT REGISTRAR //TRUE COPY// SECTI FICER Ol-w I I w To,
1. The Principal Secretary, Home Department, Secretariat buildings, Velagapudi, Guntur District.
L R HI
2. The Superintendent of Police, Sri Satya Sai District. The Station House Officer, KIA Police Station, Penukonda Town and Mandal Sri Satya Sai District. One CC to Sri P Narasimhulu Advocate [OPUC] Two CCs to GP for Home, High Court of Andhra Pradesh [OUT] Two CD Copies
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6. TF
HIGH COURT DATED:24/07/2025
ORDER WP NO. 18994 OF 2025 SfANcg? =d 2 9 AUG 2025 ov ^Js^^OTintSectiopxV S**i DISPOSING OF THE W.P., WITHOUT COSTS