1 APHC010397732025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] WEDNESDAY, THE SIXTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 20546/2025 Between: 1. KAMADI VENKATESWARLU, S/O. TATAYYA, AGED 50 YEARS, OCC CULTIVATION, R/O. PODALADA VILLAGE, RAZOLE MANDAL DR.B.R. AMBEDKAR KONASEEMA DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE SUPERINTENDENT OF POLICE, AMALAPURAM, DR.B.R. AMBEDKAR KONASEEMA DISTRICT. 3. THE INSPECTOR OF POLICECUMSTATION HOUSE OFFICER, RAZOLE POLICE STATION, DR.B.R. AMBEDKAR KONASEEMA DISTRICT. 4. KARU NAGESWARA RAO, S/O. NOT KNOWN, AGED ABOUT 65 YEARS, R/O. CHINCHINADA VILLAGE YALAMANCHILI MANDAL, WEST GODAVARI DISTRICT. 5. SANGANI PENTAYYA, S/O. VENKATESWARLU, AGED ABOUT 42 YEARS, OCC FISHING, R/O. SOMPALLI VILLAGE, RAZOLE MANDAL, DR.B.R. AMBEDKAR KONASEEMA DISTRICT. 6. DONGA VENKANNA, S/O. RAMA RAO, AGED 45 ABOUT YEARS R/O. KUMMARAPURUGUPALEM VILLAGE, MOGALTURU MANDAL, 2 WEST GODAVARI DISTRICT. 7. MOPATI HEMA SURYA TEJA, , S/O. VENU VENKATA GOPI, AGED 30 YEARS, VEHICLE OWNER, R/O. VANAPALLI APPA RAO STREET, BHIMAVARAM, WEST GODAVARI 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 to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of respondents particularly 3rd respondent in not investigating and not filling Charge Sheet in crime in F.I.R. No. 94/20250, dated 06.04.2025 registered under Sections 318(4), 316(2) r/w 3(5) of BNS on the file of 3rd respondent against respondents 4 to 7 on petitioners complaint and further action of the 3rd respondent in illegally and arbitrarily releasing the vehicle belonging to the respondents, (4 to 7) which was handed over by me to the 3rd respondent and was being retained as security towards the unpaid amount due to him as illegal, irregular and amounts to non-discharge of legal obligation conferred on the respondents under the provisions of Bharatiya Nagarik Suraksha Sanhita, 2023, Bharatiya Nyaya Sanhita,2023 and offends Articles 14 and 21 of Constitution of India and consequently direct the 3rd respondent to investigate into the crime and file charge sheet against the respondents 4 to 7 and prosecute the accused persons for appropriate offences under penal provisions of law and pass Counsel for the Petitioner: 1. PETLURI NAGA RAJU Counsel for the Respondent(S): 1. GP FOR HOME 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 20546 of 2025 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “…pleased to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of respondents particularly 3rd respondent in not investigating and not filling Charge Sheet in crime in F.I.R. No.94/2025, dated 06.04.2025 registered under Sections 318(4), 316(2) r/w 3(5) of BNS on the file of 3rd respondent against respondents 4 to 7 on petitioners complaint and further action of the 3rd respondent in illegally and arbitrarily releasing the vehicle belonging to the respondents, (4 to 7) which was handed over by me to the 3rd respondent and was being retained as security towards the unpaid amount due to him as illegal, irregular and amounts to non-discharge of legal obligation conferred on the respondents under the provisions of Bharatiya Nagarik Suraksha Sanhita, 2023, and offends Articles 14 and 21 of Constitution of India and consequently direct the 3rd respondent to investigate into the crime and file charge sheet against the respondents 4 to 7 and prosecute the accused persons for appropriate offences under penal provisions of law and pass…” 2. Heard Sri Petluri Naga Raju, learned counsel for the petitioner and V.Farooq, learned Assistant Government Pleader for Home for the respondents. 3. Learned counsel for the petitioner would submit that the police are not concluding the investigation and not filing charge sheet in FIR No.94 of 2025, dated 06.04.2025, registered for the offences under Sections 318(4), 316(2) r/w 3(5) of BNS. Learned counsel would further submit that a direction may be given to the respondent-police to conclude the investigation. 4 4. Learned Assistant Government Pleader would submit that the Court may pass appropriate orders. 5. Considering the submissions, the 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 preferably within a period of six (6) months from the date of receipt of copy of this Order. No order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 06.08.2025 UPS 5 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.20546 of 2025 Dated.06.08.2025 UPS 158