APHC010380572025 IN THE HIGH COURT OF ANDHRA (Special Original Jurisdiction) THURSDAY,THE TWENTY FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 20227 OF 2025 Between: 1. BEENA DELHI RAO, S/o Balaji, age 50 yrs, Palasapuram Village, General Secretary, Paryavarana Parirakshana Samithi, Palasapuram Village, Sompete Mandal, Srikakulam District. A.I. 2. Nagam Bhaskara Rao,, S/o Madhava Village, Sompete Mandal, Srikakulam District. A. 189. 3. Irothu Lokanadam,, Age 32 yrs, Gollagandi Village, Sompete Mandal, Srikakulam District. 5- A. 190. 4. Teppala Kodanda Rao,, S/o. Late Paparao, Age 38 Gollagandi V Sompete Mandal, Srikakulam District. A.191. 5. Nathi Dhilli Rao,, S/o. Late Harikiishna, Age 45 yrs, Gollagandi Village, Sompete Msmdal, Srikakulam District. A. 192. 6. Dunna Lakshminarayana,, S/o. Lokanadham, Age 32 yrs, Palligollagandi Village, Sompete Mandal, Srikakulam District. A.209. 7. Theppala Yadava Rao,, S/o. Madhavarao, Age 60 yrs, Palligollagandi Village, Sompete Mandal, Srikakulam District. A.218. 8. Kambe Kumari,, W/o. Janakirao, Age 30 yrs, Palligollagandi Village, Sompete Mandal, Srikakulam District. A.221. 1 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY,THE TWENTY FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA PETITION NO: 20227 OF 2025 1. BEENA DELHI RAO, S/o Balaji, age 50 yrs, Palasapuram Village, General Secretary, Paryavarana Parirakshana Samithi, Palasapuram Village, Sompete Mandal, Srikakulam District. A.I. 2. Nagam Bhaskara Rao,, S/o Madhavarao, Age 38 yrs, Gollagandi Village, Sompete Mandal, Srikakulam District. A. 189. 3. Irothu Lokanadam,, Age 32 yrs, Gollagandi Village, Sompete Mandal, A. 190. 4. Teppala Kodanda Rao,, S/o. Late Paparao, Age 38 Gollagandi V Sompete Mandal, Srikakulam District. A.191. 5. Nathi Dhilli Rao,, S/o. Late Harikiishna, Age 45 yrs, Gollagandi Village, Sompete Msmdal, Srikakulam District. A. 192. 6. Dunna Lakshminarayana,, S/o. Lokanadham, Age 32 yrs, e, Sompete Mandal, Srikakulam District. A.209. 7. Theppala Yadava Rao,, S/o. Madhavarao, Age 60 yrs, Palligollagandi Village, Sompete Mandal, Srikakulam District. A.218. 8. Kambe Kumari,, W/o. Janakirao, Age 30 yrs, Palligollagandi Village, ndal, Srikakulam District. A.221. THURSDAY,THE TWENTY FIRST DAY OF AUGUST THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA 1. BEENA DELHI RAO, S/o Balaji, age 50 yrs, Palasapuram Village, General Secretary, Paryavarana Parirakshana Samithi, Palasapuram rao, Age 38 yrs, Gollagandi 3. Irothu Lokanadam,, Age 32 yrs, Gollagandi Village, Sompete Mandal, 4. Teppala Kodanda Rao,, S/o. Late Paparao, Age 38 Gollagandi Village, 5. Nathi Dhilli Rao,, S/o. Late Harikiishna, Age 45 yrs, Gollagandi Village, 6. Dunna Lakshminarayana,, S/o. Lokanadham, Age 32 yrs, e, Sompete Mandal, Srikakulam District. A.209. 7. Theppala Yadava Rao,, S/o. Madhavarao, Age 60 yrs, Palligollagandi 8. Kambe Kumari,, W/o. Janakirao, Age 30 yrs, Palligollagandi Village, 2 9. Gurrala Kalavathi,, W/o. (L) Shanmukha Rao, Age 35 yrs, Palligollagandi Village, Sompete Mandal, Srikakulam District. 10. Beena Shanmuka Rao,, S/o Balaji, age 45 yrs Palasapuram Village, Sompete Mandal, Srikakulam District. A.427. 11. Beena Sathish,, S/o. Delhi Rao, age 25 yrs, Palasapuram Village, Sompete Mandal, Srikakulam District. 12. Thungana Radha, , S/o. Viswanadham, age 32 5n-s, Palasapuram Village, Sompete Mandal, Srikakulam District. 13. Thungana Radha,, S/o. Viswanadham, age 32 yrs, Palasapuram Village, Sompete Mandal, Srikakulam District. 14. Beena Gnaneswari, , S/o. Dillirao, age 45 yrs, Palasapuram Village, Sompete Mandal, Srikakulam District. A.494. 15. Duddi Satyavathi,, W/o. Dalaiah, age 52 yrs, Palasapuram Village, Sompete Mandal, Srikakulam District. 16. Intivenuka Manmadharao,, S/o. Late Kangali, age 40 yrs, Palasapuram Village, Sompete Mandal, Srikakulam District. 17. Beena Bharathi, , W/o. Shanmukharao, age 35 yrs, Palasapuram Village, Sompete Mandal, Srikakulam District. 18. Ponduru Chiranjeevi,, S/o. Krishnarao, age 36 yrs, Palasapuram Village, Sompete Mandal, Srikakulam District. 19. Balia Someshu,, S/o. Purushottam, age 23 years Zinkibhadra Village, Sompete Mandal, Srikakulam District. 20. Bhanumurthi Panigrahi, , S/o. Seethayya, age 55 yrs, Benkili Village, Sompete Mandal, Srikakulam District. 3 21. Theppala Dharmarao,, S/o late Narasimhulu, age 40 yrs, Baruva Village, Sompete Mandal, Srikakulam District. A.618. 22. Dharmana Rukmangadhara Rao,, S/o late Rammurthy, age 45 yrs. Beach Road, Baruva Village, Sompete Mandal, Srikakulam District. A.625. 23. Bendalam Venkateswara Rao,, S/o late Seetharamaiah, age 45 yrs. Beach Road, Baruva Village, Sompete Mandal, Srikakulam District. ...Petitioners AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary Home Department,Secretariat, Velagapudi, Amaravathl, Guntur District. 2. The Director General Of Police DGP, Andhra Pradesh State, Mangalagiri, Guntur District, Andhra Pradesh 3. The Superintendent of Police SP, O/o. Office of the Superintendent of Police (SP Office), Srikakulam, Srikakulam District-532001. 4. The SubDivisional Police Officer SDPO, Kasibugga Sub-Division, Kasibugga, Srikakulam District. 5. The SubDivisional Police Officer SDPO, Anakapalli Sub-Division, Anakapalli, Anakapalli District. ...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 pleased to issue appropriate Writ or order or direction, preferably one in the nature of WRIT OF MANDAMUS quashing the charge sheet filed by the 5th respondent in PRC No. 23 of 2012 on the file of the Addl. Judicial First Class Magistrate Court, Sompeta in Crime No. 65 of 2010 registered by the 6th respondent dated 14-07-2010 under section 4 147, 148, 307, 326, 324, 427, 435, 436, 447, 332, 188, 120(B) r/w 149 IPC, and Sections 3 and 4 of the Prevention of Damage to Public Property Act, 1984 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 stay of all further proceeding including with appearance in connections with PRC No. 23 of 2012 on the file of the Addl. Judicial First Class Magistrate Court, Sompeta in Crime No. 65 of 2010 registered by the 6th respondent dated; 14- 07-2010 under section 147, 148, 307, 326, 324, 427, 435, 436, 447, 332, 188, 120(B) r/w 149 IPC, and Sections 3 & 4 of the Prevention of Damage to Public Property Act, 1984 and pass Counsel for the Petitioners: SIMHACHALAM KARUKOLA Counsel for the Respondents: GP FOR HOME The Court made the following order: 5 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION No: 20227 OF 2025 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “...pleased to issue appropriate Writ or order or direction, preferably one in the nature of WRIT OF MANDAMUS quashing the charge sheet filed by the 5th respondent in PRC No.23 of 2012 on the file of the Addl.Judicial First Class Magistrate Court, Sompeta in Crime No. 65 of 2010 registered by the 6th respondent dated 14-07- 2010 under section 147, 148, 307, 326, 324, 427, 435, 436, 447, 332, 188, 120(B) r/w 149 IPC, and Sections 3 and 4 of the Prevention of Damage to Public Property Act, 1984 and pass..” 02. As can be seen from the record received from the court, it appears that the matter has been pending since long time for service of summons on accused. 03. Learned counsel for the petitioner would submit that a direction may be issued to the concerned court to proceed with the matter against the accused who are available before the Court, by splitting up the case, and to dispose of the matter as expeditiously as possible. 04. Learned Assistant Government Pleader for Home would submits that though the proceeding sheet of the Magistrate shows that summons are pending, the police have not received the summons from the Court for service. 6 05. Considering the submissions of both sides, this petition is disposed of with the following directions: i) The learned Magistrate is directed to call the concerned police officials and verify whether the summons have been received by the police for service of summons upon the accused. ii) The learned Magistrate is further directed to split up the case against the accused who are available before the Court and proceed with the matter as expeditiously as possible, since the crime relates to the year 2010 without further delay in this matter. iii) The learned counsel for the petitioner is directed to ensure that the petitioners appear before the Court on the next date of hearing along with their sureties, so that further steps may be taken by the Court for committing the case to the Sessions Court. Accordingly this criminal petition is disposed of. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 20.08.2025. KKV 7 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.20227 of 2025 Dated.21.08.2025 KKV 35