APHC010410452025 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) THURSDAY, THE TWENTY FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 21253 OF 2025 Between: 1. Smt 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 1. The State of Andhra Pradesh, Re (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 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.,Pol Guntur District. 1 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THE TWENTY FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA PETITION NO: 21253 OF 2025 1. Smt 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, 3. The Additional Director General of Police, Crime Investigation Department, G.P., Head Quarters, 1st Floor, Mangalagiri, Guntur District 4. The Additional Superintendant of Police CID, Crime Investigation Department, Regional Office, NH 16, Beside Bommuru P.S., 5. The Station House Officer, C.I.D.,Police Station, Mangalagiri, Amaravathi, ...Respondents IN THE HIGH COURT OF ANDHRA PRADESH THE TWENTY FIRST DAY OF AUGUST THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA 1. Smt Kavala Surya Kumari, W/o Kavala Venkata Narasimham, Aged 42 yrs , R/at Villa No.29, Sunny Enclave, Peda Rushi Konda I.T., Junction , ...Petitioner presented by its Principal Secretary 2. The Directorage General of Police D G P, Police Head Quarters, 3. The Additional Director General of Police, Crime Investigation Department, 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., ice Station, Mangalagiri, Amaravathi, ...Respondents 2 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 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 Peritioners Personal Liberty by Unlawful and Illegal manner in connection with the F.LR.No.35/2022 dt. 18-05-2022 for 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 and where as Section 409 of LP.C., is against the other accused who are the Bank Officials, without supplying the Copy of F.I.R., as mandated without issuance of any Notice Under Section 41-A- of CR.P.C., and without following the Strict Guidelines of Apex Court time to time in various Judgments Arnesh Kumars Case as well as Satender Kumar Antil Vs C.B.I., even though the period of 3 years Completed from the date of registration of F.I.R., all are Illegal, Unlawful, Violation of Article 14,19,21 of the Constitution of India, Violatoin of Principles of Natural Justice, Consequentlydirect the Respondents to Strictly follow the Procedure as well as guidelines issued by the Honble 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.35/2022 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 pleased to direct the Respondents to follow the Procedure strictly as per the Guide lines of Hon'ble Aplex 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.35/2022 dt.l8- 05-2022 of CID P.S., Amaravathi, Mangalagiri pending disposal of the main Writ Petiton and to pass Counsel for the Petitioner: R SIVA SAI SWARUP Counsel for the Respondents: SPL.PUBLIC PROSECUTOR FOR CID The Court made the following order: 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 21253 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 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 Peritioners Personal Liberty by Unlawful and Illegal manner in connection with the F.LR.No.35/2022 dt. 18-05-2022 for 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 and where as Section 409 of LP.C., is against the other accused who are the Bank Officials, without supplying the Copy of F.I.R., as mandated without issuance of any Notice Under Section 41-A- of CR.P.C., and without following the Strict Guidelines of Apex Court time to time in various Judgments Arnesh Kumars Case as well as Satender Kumar Antil Vs C.B.I., even though the period of 3 years Completed from the date of registration of F.I.R., all are Illegal, Unlawful, Violation of Article 14,19,21 of the Constitution of India, Violatoin of Principles of Natural Justice, Consequentlydirect the Respondents to Strictly follow the Procedure as well as guidelines issued by the Honble 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.35/2022 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 police have not concluded the investigation in FIR No.35 of 2022 dated 18.05.2022 of CID Police Station, Andhra Pradesh, Amaravathi, Mangalagiri, Guntur District, even after a lapse of three (03) years. 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 within a period of three (3) months from the date of receipt of the copy of this order, if not already filed. No order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 21.08.2025 KKV 5 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.21253 of 2025 Dated.21.08.2025 KKV