APHC010415882025 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: 21682/2025 Between: 1. GOVADA LAKSHMI PRASANNA KUMAR, S/O MARUTHI RAO, AGED 36 YEARS, R/O D.NO.61-9-15, 5TH BUS STOP STREET, P T COLONY, RAJAMAHENDRAVARAM, EAST GODAVARI DISTRICT ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE SUPERINTENDENT OF POLICE, EAST GODAVARI DISTRICT AT RAJAMAHENDRAVARAM. 3. THE INSPECTOR OF POLICE, RAJAHMUNDRY III TOWN CIRCLE RAJAMAHENDRAVARAM, EAST GODAVARI DISTRICT. 4. THE STATION HOUSE OFFICER, RAJAHMUNDRY III TOWN POLICE STATION, RAJAMAHENDRAVARAM, EAST GODAVARI DISTRICT. 5. GOVADA KANIKELLA SHARA GRACE, W/O G. LAKSHMI PRASANNA KUMAR, AGE 32 YEARS. HOUSEWIFE, D/O KANKELLA SAMUEL RAJU, R/O D.NO.61-9-15, BUS STOP STREET, PT COLONY, RAJAMAHENDRAVARAM, EAST GODAVARI DISTRICT. 6. KANIKELLA SAMUEL RAJU, S/O RAJU, AGED 64 YEARS OCCBUSINESS, R/O 801, FLOOR, SUVARNANGI LAST BLOCK, 2 CHANDRIKA VILAASINI, SRIRAM PURAM, POLICE QUARTERS ROAD, RAJAMAHENDRAVARAM, EAST GODAVARI DISTRICT. 7. KANIKELLA VIJAYA KUMARI, W/O SAMUEL RAJU, AGED 58 YEARS, OCC HOUSEWIFE, R/O 801, 1 FLOOR, SUVARNANGI LAST BLOCK, CHANDRIKA VILAASINI, SRIRAM PURAM, POLICE QUARTERS ROAD, RAJAMAHENDRAVARAM, EAST GODAVARI DISTRICT. 8. KANIKELLA RATNAM BOBBY, S/O. SAMUEL RAJU, AGED 35 YEARS, OCC BUSINESS, R/O 801,1ST FLOOR, SUVAMANGI LAST BLOCK, CHANDRIKA VILAASINI, SRIRAM PURAM POLICE QUARTERS ROAD, RAJAMAHENDRAVARAM, EAST GODAVARI DISTRICT. 9. BADUGU SHOBA RANI, W/O RAMBABU, AGED 40 YEARS. HOUSEWIFE, R/O NEAR BIJILI ICE FACTORY, RAJAMAHENDRAVARAM, EAST GODAVARI DISTRICT. 10. BADUGU ABHI RAM, S/O. RAMBABU, AGED 23 YEARS, R/O NEAR BIJILI ICE FACTORY, RAJAMAHENDRAVARAM, EAST 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 4 respondent in not investigating and not filling Charge Sheet in Crime in F.I.R. No 203/2025, dt. 09.05.2025 registered under Sections 305, 318(4), 61(2) r/w 3(5) of the Bharatiya Nyaya Sanhita, 2023 on the file of 4TH respondent against respondents 5 to 10 and not subjecting the accused persons to process of arrest and judicial remand, 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 respondents 2 to 4 to investigate into the crime and file Charge Sheet against the respondents 5 to 10 and prosecute the accused persons for appropriate offences under penal provisions of law by subjecting the offenders to the process of arrest and judicial remand and pass IA NO: 1 OF 2025 3 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 respondents 2 to 4 to expeditiously and impartially investigate Crime/FIR No. 203/2025, dt. 09.05.2025, registered against Respondents 5 to 10, and to take all necessary steps including recovery and seizure of the stolen property, arrest and production of the respondents before the appropriate court and filing of Charge Sheet for the offences punishable under Sections 305, 318(4), 61(2) r/w 3(5) of the Bharatiya Nyaya Sanhita, 2023, in accordance with law; pending disposal of the main Writ Petition and Pass Counsel for the Petitioner: 1. PALA KARTHI KIRAN Counsel for the Respondent(S): 1. GP FOR HOME 4 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 21682 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 4th respondent in not investigating and not filling Charge Sheet in Crime in F.I.R. No 203/2025, dt. 09.05.2025 registered under Sections 305, 318(4), 61(2) r/w 3(5) of the Bharatiya Nyaya Sanhita, 2023 on the file of 4TH respondent against respondents 5 to 10 and not subjecting the accused persons to process of arrest and judicial remand, 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 respondents 2 to 4 to investigate into the crime and file Charge Sheet against the respondents 5 to 10 and prosecute the accused persons for appropriate offences under penal provisions of law by subjecting the offenders to the process of arrest and judicial remand and pass…” 2. Heard Sri Pala Karthi Kiran, 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.203 of 2025, dated 09.05.2025 registered under Sections 305, 318(4), 61(2) r/w 3(5) of the Bharatiya Nyaya Sanhita, 2023. Learned counsel would further submit that a direction may be given to the respondent-police to conclude the investigation. 5 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 6 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.21682 of 2025 Dated.19.08.2025 UPS 45