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2025 DAILYLAW 28239 (AP)

Sri Namala Venkata Rao, v. The State of Andhra Pradesh,

WP/20609/2025 · 2025-08-04

Venkata Jyothirmai Pratapa

body2025

Judgment text

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APHC010400992025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE FIFTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 20609 OF 2025 Between: Sri Namala Venkata Rao, S/o Satyanarayana, Aged about 33 years, R/o H. No. 34-14-37, Manual Street, Gnanapuram, Visakhapatnam ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Home Department, Secretariat Buildings, Amaravati, Guntur District. 2. The Commissioner of Police, Visakhapatnam District. 3. The Station of House, Kancherapalem Police Station, Visakhapatnam District. 4. Dredging Corporation of India Limited, Dredge House, HB Colony Main Road, Seethammadhara, Visakhapatnam. 5. Smt Namala Parvathi Devi, W/o Sanyasi Rao, Aged about 40 years Occ - Employee, R/o H. No. 34-2-4, Ravulapalli Street, Gnanapuram, Visakhapatnam District. 6. Sri T Prasada Rao, S/o Not Known, Occ - Contractor, R/o D. No. 39- 18-79, Vimala Constructions, Madhavadhara, Visakhapatnam 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 issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 3rd respondent to complete the investigation, filing of charge sheet including arrest of accused in Crime. No. 406 of 2024 dated 21.10.2024 under-Sections 468 and 471 of the Indian Penal Code (IPC), is illegal, arbitrary and violation of Article 14, 19 and 21 of the Constitution of India. Consequently direct the 3rd respondent to complete the investigation, filing of charge sheet including arrest of accused in Crime. No. 406 of 2024 dated 21.10.2024 under - Sections 468 and 471 of the Indian Penal Code (IPC), forthwith. 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 to direct the 3rd respondent to complete the investigation, filing of charge sheet including arrest of accused in Crime. No. 406 of 2024 dated; 21.10.2024 under: - Sections 468 & 471 of the Indian Penal Code (IPC). Counsel for the Petitioner: SRI K SRINIVAS Counsel for the Respondent Nos. 1 to 3: GP FOR HOME Counsel for the Respondent Nos. 4 to 6; — The Court made the following order: 4 " APHC010400992025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 0M [3396] TUESDAY, THE FIFTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 20609/2026 Between: 1.SRI NAMALA VENKATA RAO,, S/0 SATYANARAYANA, AGED ABOUT 33 YEARS, R/0 H. NO. 34-14-37, MANUAL STREET GNANAPURAM, VISAKHAPATNAM ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL HOME DEPARTMENT, SECRETARIAT BUILDINGS AMARAVATI, GUNTUR DISTRICT. 2.THE COMMISSIONER OF POLICE, VISAKHAPATNAM DISTRICT. 3.THE STATION OF HOUSE, KANCHERAPALEM POLICE STATION VISAKHAPATNAM DISTRICT. 4.DREDGING CORPORATION OF INDIA LIMITED, DREDGE HOUSE, HB COLONY MAIN ROAD, SEETHAMMADHARA, VISAKHAPATNAM 5.SMT NAMALA PARVATHI DEVI, W/0 SANYASI RAO, AGED ABOUT 40 YEARS OCC - EMPLOYEE, R/0 H. NO. 34-2-4, RAVULAPALLI STREET, GNANAPURAM, VISAKHAPATNAM DISTRICT 6.SRI T PRASADA RAO, S/O NOT KNOWN, OCC - CONTRACTOR R/0 D. NO. 39-18-79, VIMALA CONSTRUCTIONS, MADHAVADHARa’ VISAKHAPATNAM DISTRICT. SECRETARY, ...RESPONDENT(S): Counsel for the Petitioner: 1.KSRINIVAS 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 order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 3rd respondent to complete the Investigation filing of charge sheet including arrest of accused In Crime No. 406 of 2024 dated 21.10.2024 under Sections 468 and 471 of the Indian Penal Code IPC is illegal arbitrary and violation of Article 14 19 and 21 of the Constitution of India Conseguently direct the 3rd respondent complete the Investigation filing of charge sheet including arrest of accused to 2 in Crime No.406 of 2024 dated 21.10.2024 under Sections 468 and 471 of the Indian Penal Code IPC forthwith’’ 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.406 of 2024 and file a final report. Learned Assistant Government Pleader for Home would submit that the Court may pass appropriate orders. 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. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending shall stand 4. 5. closed. Sd/- M. SRINIVAS ASSISTANT REGISTRAR //TRUE COPY// N OFFICER S To, 1- The Principal Secretary, Home Department, Secretariat Buildings Amaravati, Guntur District. 2. The Commissioner of Police, Visakhapatnam District. 3. The Station of House, Kancherapalem Police District. 4. One CC to Sri K Srinivas Advocate [OPUC] 5. Two CCs to GP for Home High Court of Andhra 6. Two CD Copies Station, Visakhapatnam Pradesh [OUT] TF HIGH COURT DATED:05/08/2025 ORDER WP NO. 20609 OF 2025 DISPOSING OF THE W.P., WITHOUT COSTS