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2025 DAILYLAW 27373 (AP)

Marthala Subbaiah v. The state of Andhra Pradesh

WP/25857/2020 · 2025-09-01

Venkata Jyothirmai Pratapa

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Judgment text

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APHC010387412020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY, THE SECOND DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 25857/2020 Between: 1. MARTHALA SUBBAIAH, S/O CHINAVENKATA SUBBAIAH AGED ABOUT 40 YEARS, AGRICULTURE, R/O D.NO.4-125, PUNUGODU VILLAGE KANIGIRI MANDAL, PRAKASAM DISTRIC. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF HOME SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 2. THE DISTRICT SUPERINTENDENT OF POLICE, ONGOLE, PRAKASM DISTRICT. 3. THE ADDITIONAL SUPERINTENDENT OF POLICE, ONGOLE, PRAKASAM DISTRICT. 4. THE INSPECTOR OF POLICE, KANIGIRI P.S KANIGIRI MANDAL, PRAKASAM DISTRICT. 5. THE S I OF POLICE, KANIGIRI P.S KANIGIRI MANDAL, PRAKASAM DISTRICT. 6. MARTHALA VENKATESWARLU, S/O PEDAVENKATA SUBBAIAH AGED ABOUT 42 YEARS, R/O PUNUGODU VILLAGE, KANIGIRI MANDAL, PRAKASAM DISTRICT. 7. MARTHALA ESWARAMMA, W/O VENKATESWARLU. AGED ABOUT 35 YEARS, RIO PUNUGODU VILLAGE, KANIGIRI MANDAL, PRAKASAM DISTRICT 8. MARTHALA SRINU, S/O VENKATESWARLU AGED ABOUT 19 YEARS, RIO PUNUGODU VILLAGE, KANIGIRI MANDAL, PRAKASAM DISTRICT. 9. MARTHALA VENU, S/O VENKATESWARLU AGED ABOUT 16 YEARS, R/O PUNUGODU VILLAGE, KANIGIRI MANDAL, PRAKASAM DISTRICT ...RESPONDENT(S): Counsel for the Petitioner: 2 1. MARKBABU GANGAVARAPU 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: “.... a writ of mandamus declaring the action of the respondents 1 to 5 in not taking on the complaint in Crime No.229 of 2020 on the file of Kanigiri police station filed by the petitioner as illegal arbitrary and violative of fundamental rights guaranteed to the petitioner under articles 14 17 and 2528 of constitution of India with a consequential direction to the respondents 1 to 5 to complete the investigation and to take necessary action in crime No 229 of 2020 on the file of Kanigiri police station” 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.229 of 2020 and file a final report. 4. Learned Assistant Government Pleader for Home would submit that the Court may pass appropriate orders. 5. 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 two (2) months from the date of receipt of a copy of this order, if not filed charge sheet by this date. 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:02.09.2025 Asr 3 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.25857 of 2020 Dt.02.09.2025 Asr