APHC010408442025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY, THE NINETEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 21691/2025 Between: 1. KAVALA SURYA KUMARI, W/O KAVALA VENKATA NARASIMHAM, AGED 42 YRS , R/AT VILLA NO.29, SUNNY ENCLAVE, PEDA RUSHI KONDA I.T., JUNCTION , VISAKHAPATNAM CITY 530045 ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY (HOME) SECRETARIAT, VELAGAPUDI, AMARAVATHI. 2. THE DIRECTORAGE GENERAL OF POLICE D G P, POLICE HEAD QUARTERS, MANGALAGIRI, GUNTUR.. 3. THE ADDITIONAL DIRECTOR GENERAL OF POLICE, CRIME INVESTIGATION DEPARTMENT, A.P., D.G.P., HEAD QUARTERS, 1ST FLOOR, MANGALAGIRI, GUNTUR DISTRICT -522503- 4. THE ADDITIONAL SUPERINTENDANT OF POLICE CID, CRIME INVESTIGATION DEPARTMENT, REGIONAL OFFICE, NH 16, BESIDE BOMMURU P.S., RAJAMAHENDRAVARAM. 5. THE STATION HOUSE OFFICER, C.I.D.,POLICE STATION , MANGALAGIRI, AMARAVATHI, 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 2 pleased to Issue a Writ or Order or Direction more particulalry one in the nature of a Writ of Mandamus declaring the action of the Respondents particularly Respondent No.3, 4 and 5 trying to Interfere into the Peritioner's Personal Liberty by Unlawful and Illegal manner in connection with the F.I.R.No.36/2022 dt.18-05-2022 even though the Offences Registered against the Petitioner /Accused No.2 U/s 420,403 R/w Section 120 B of IPC and Section 13(2) of P.C., Act 1988 where as Section 409 of I.P.C, is against the other accused who are shown as Bank Officials, even though the period of 3 years Completed from the date of registration of F.I.R., without supplying the Copy of F.I.R., as mandated, without issuance of any Notice Under Section 41-A- of CR.P.C., as well as without following the Strict Guidelines of Apex Court time to time in various judgments Arnesh Kumar's Case as well as Satender Kumar Antil Vs CBI all are Illegal, Unlawful, Violation of Article 14,19,21 of the Constitution of India, Violatoin of Principles of Natural Justice, Consequently to direct the Respondents Strictly to follow the Procedure as well as guidelines issued by the Hon'ble Apex Court in Arnesh Kumar's Case as well as Satender Kumar Antil Vs C.B.I., there by to file Charge Sheet in F.I.R.No.36/2022 dt.18-05-2022 expeditiously , and to 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 leased to direct the Respondents to follow the Procedure strictly as per the Guidelines of Hon’ble Apex Court in Arnesh Kumar’s Case as well as Satender Kumar Antil Vs C.B.I., without taking any Coercive Steps as against the Petitioner/A-2 in connection with F.I.R.No.36/2022, dt.18.05.2022 of CID,PS, Amaravathi, Mangalagiri, pending disposal of the Writ Petition, and to Counsel for the Petitioner: 1. R SIVA SAI SWARUP Counsel for the Respondent(S): 1. GP FOR HOME 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 21691 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 or Order or Direction more particularly one in the nature of a Writ of Mandamus declaring the action of the Respondents particularly Respondent No.3, 4 and 5 trying to Interfere into the Petitioner’s Personal Liberty by unlawful and illegal manner in connection with the F.I.R.No.36/2022 dt.18-05-2022 even though the Offences Registered against the Petitioner /Accused No.2 U/s 420,403 R/w Section 120 B of IPC and Section 13(2) of P.C., Act 1988 where as Section 409 of I.P.C, is against the other accused who are shown as Bank Officials, even though the period of 3 years completed from the date of registration of F.I.R., without supplying the Copy of F.I.R., as mandated, without issuance of any notice Under Section 41-A- of CR.P.C., as well as without following the Strict Guidelines of Apex Court time to time in various judgments Arnesh Kumar's Case as well as Satender Kumar Antil Vs CBI all are Illegal, Unlawful, Violation of Article 14,19,21 of the Constitution of India, Violatoin of Principles of Natural Justice, Consequently to direct the Respondents Strictly to follow the Procedure as well as guidelines issued by the Hon'ble Apex Court in Arnesh Kumar's Case as well as Satender Kumar Antil Vs C.B.I., thereby to file Charge Sheet in F.I.R.No.36/2022 dt.18-05-2022 expeditiously , and to pass…” 2. Heard Sri R. Siva Sai Swarup, 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 the grievance of the petitioner is that police are not conducting investigation in F.I.R.No.36 of 2022 dated 18-05-2022 even after lapse of three years from the date of 4 registration of the crime. Learned counsel would further submit that a direction may be given to the respondent-police to conclude the investigation. 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. No order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 19.08.2025. UPS 5 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.21691 of 2025 Dated.19.08.2025 UPS 53