APHC010390922025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] MONDAY,THE FOURTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 20225/2025 Between: 1. KATURI SRINIVAS, S/O. CHINNA VENKATESWALU, AGED ABOUT 57 YEARS, OCC CULTIVATION, R/O. CHIRRAVURU VILLAGE, TADEPALLI MANDAL, GUNTUR DISTRICT. ...PETITIONER AND 1. STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. SUPERINTENDANT OF POLICE, GUNTUR DISTRICT AT GUNTUR. 3. DEPUTY SUPERINTENDENT OF POLICE, GUNTUR, GUNTUR DISTRICT. 4. STATION HOUSE OFFICER, TADEPALLI POLICE STATION, GUNTUR 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 one in the nature of WRIT OF MANDAMUS declaring the action of Respondents 1 to 4, particularly, 4th respondent in not taking up active investigation in FIR No 349 of 2025, dated 13.06.2025 and registered against the accused for the offences punishable under Sections 329(3), 324(4), 324(5), 115(2), 351(2) r/w 3(5) BNS (Bharatiya Nyaya Sanhita, 2023) on the file of 4th respondent 2 police station by arresting the accused for the offences committed by them and declare the same as illegal, arbitrary and un just and amounts to non- discharge legal obligation conferred on the respondents 1 to 4 under the provisions of the Bharatya Nagarik Suraksha Sanhitha, 2023 and violative of Article 14 and 21 of Constitution of India and consequently direct the 4th to complete the investigation and file Charge Sheet against the accused persons in the said crime as expeditiously by subjecting accused persons to arrest and judicial remand by process of law and court 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 1 to 4 particularly 4th respondent to complete investigation in FIR No: 349 of 2025, dated 13.06.2025 and registered against the accused for the offences punishable under Sections 329(3), 324(4), 324(5), 115(2), 351(2) r/w 3(5) BNS (Bharatiya Nyaya Sanhita, 2023) on the file of 4th Respondent by arresting the accused persons and subjecting them to judicial remand for the offences committed by them, in the interest of Justice, in pending disposal of main Writ Petition Counsel for the Petitioner: 1. MUCHAKAYALA NARAYANA Counsel for the Respondent(S): 1. GP FOR HOME 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 WRIT OF MANDAMUS declaring the action of Respondents 1 to 4, particularly, 4th respondent in not taking up active investigation in FIR No 349 of 2025, dated 13.06.2025 and registered against the accused for the offences punishable under Sections 329(3), 324(4), 324(5), 115(2), 351(2) r/w 3(5) BNS (Bharatiya Nyaya Sanhita, 2023) on the file of 4th respondent police station by arresting the accused for the offences committed by them and declare the same as illegal, arbitrary and un just and amounts to non-discharge legal obligation conferred on the respondents 1 to 4 under the provisions of the Bharatya Nagarik Suraksha Sanhitha, 2023 and violative of Article 14 and 21 of Constitution of India and consequently direct the 4th to complete the investigation and file Charge Sheet against the accused persons in the said crime as expeditiously by subjecting accused persons to arrest and judicial remand by process of law and court...…” 2. Heard Sri Muchakayala Narayana, learned Counsel for the petitioner and Sri V.Farooq, learned Assistant Government Pleader for Home for the respondents. 3. Learned counsel for the petitioner would submit that a direction may be given to the police to investigate and file a report. As can be seen from the record, a crime in FIR No.349 of 2025 has registered on 13.06.2025 for the offences punishable under Sections 329(3), 324(4), 324(5), 115(2), 351(2) r/w 3(5) BNS (Bharatiya Nyaya Sanhita, 2023). 4 4. Learned Assistant Government Pleader would submit that four witnesses were examined so far and Court may pass appropriate orders. 5. Considering the submissions, this writ petition is disposed of. However, the police are directed to conclude the investigation and file a report according to law as expeditiously as possible. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATAJYOTHIRMAI PRATAPA Date: 04.08.2025 MH 5 HON’BLE DR. JUSTICE VENKATAJYOTHIRMAI PRATAPA 124 W.P.No.20225 of 2025 Dated.04.08.2025 MH