Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 30053 (AP)

SABELLA ADITYA REDDY v. THE STATE OF AP

WP/22649/2025 · 2025-09-02

Venkata Jyothirmai Pratapa

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

, i}I I APHC010431672025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY,THE THIRD DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI WRIT PETITION NO: 22649 OF 2025 3 PRATAPA Between; Sabella Aditya Reddy, Son of Srinivasa Reddy Resident of D. No. 10-177, r village and Mandal East Godavari District. Age about 29 years. Basavanamma Gudi Street, Anaparthy ...Petitioner AND The State Of Andhra Pradesh, Rep. its Principal Secretary, Home Department, Secretariat, Velagapudi, Guntur District. The District Collector, Kakinada District, Kakinada. The Superintendent of Police, Kakinada District, Kakinada. The Deputy Superintendent of Police, Kakinada The Station House Officer, Thimmapuram District. 1. 2. 3. 4. Kakinada District. Police Station Kakinada 5. / ...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 an appropriate Writ, Order or direction in the nature of Writ of Mandamus declaring the not considering the representations of the more particularly one action of the respondents in petitioner dated 22.07.2025 and 30.07.2025 for conducting further investigation in so far the criminal case IS 4' concerned in Crime No.58 of 2025 on the file of Thimmapuram Police Station, Kakinada District for the offences U/s. 125 (A) BNS, registered on 03.04.2025, by receiving the technical evidence (video footage and photos of alleged accident), which is highly illegal, arbitrary and violation of Article 14 and 21 of the Constitution of India take the appropriate steps for conducting the further investigation by plaicing the material before the concerned lA NO: 1 OF 2025 > and consequently direct the respondents to magistrate. 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 to consider the 22.07.2025 and 30.07.2025 for representations of the petitioner dated conducting further investigation in so far the criminal case is concerned in Crime No.58 of 2025 Thimmapuram Police Station, Kakinada District for on the file of the offences U/s. 125 (A) (video pending^fsposal of the BNS, registered on 03.04.2025, by receiving the technical evidence footage and photos of alleged accident),forthwith above writ petition. Counsel for the Petitioner: SRI ELURU SESHA Counsel for the Respondent Nos.1 to 5: GP FOR The Court made the following order: MAHESH BABU HOME • APHC010431672025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] 3 ■l> WEDNESDAY, THE THIRD DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 22649/2025 Between: 1.SABELLA ADITYA REDDY, , SON OF SRINIVASA REDDY, AGE ABOUT 29 YEARS. RESIDENT OF D. NO. 10-177, BASAVANAMMA GUDI STREET, ANAPARTHY VILLAGE AND MANDAL EAST GODAVARI DISTRICT. ...PETITIONER AND 1.THE STATE OF AP, REP. ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 2.THE DISTRICT COLLECTOR, KAKINADA DISTRICT, KAKINADA. 3.THE SUPERINTENDENT OF POLICE, KAKINADA DISTRICT, KAKINADA. 4.THE DEPUTY SUPERINTENDENT OF POLICE, KAKINADA, KAKINADA DISTRICT. 5.THE STATION HOUSE OFFICER, THIMMAPURAM POLICE STATION KAKINADA DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner: 1.ELURU SESHA MAHESH BABU Counsel for the Respondent(S): 2 1.GP FOR HOME 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 22649 of 2025 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: . .pleased to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not considering the representations of the petitioner dated 22.07.2025 and 30.07.2025 for conducting further investigation in so far the criminal case is concerned in Crime No. 58 of 2025 on the file of Thimmapuram Police Station, Kakinada District for the offences U/s. 125 (A) BNS, registered on 03.04.2025, by receiving the technical evidence (video footage and photos of alleged accident), which is highly illegal, arbitrary and violation of Article 14 and 21 of the Constitution of India and consequently direct the respondents to take the appropriate steps for conducting the further investigation by placing the material before the concerned magistrate and pass....” Heard Sri Eluru Sesha Mahesh Babu, learned counsel for the petitioner ^ and Sri V.Farooq, learned Assistant Government Pleader for Home for the 2. respondents. Learned Counsel for the petitioner would submit that the police failed to collect the technical evidence which is available, relating to Crime No. 58 of 2025 of Thimmapuram Police Station, Kakinada District, but concluded the investigation and filed charge sheet. Thereafter, the petitioner has submitted representations dated 22.07.2025 and 30.07.2025 to the police which are pending for consideration before the police. 3. 4. Learned Assistant Government Pleader for Home would submit that the police after due investigation filed charge sheet in this matter and the Court may pass appropriate Orders. 5. Considering the submissions, the fact remains that the petitioner herein IS the accused in the said crime. The grievance of the petitioner is that the Investigating Officer failed to collect some information which is available, which may prove his innocence in the case. In that regard, it is apposite to dispose of the present petition by giving liberty to the petitioner to take appropriate steps before the Trial Court and the learned Trial Judge may take appropriate decision over the matter according to law. 6. With these observations, the Writ Petition is disposed of. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. RAO ACHARI assistant registrar //TRUE COPY// sectlqn DJEeir,ER To, 1. The Principal Secretary, Home Department, Secretariat, Guntur District. 2. The District Collector, Kakinada District, Kakinada. 3. The Superintendent of Police, Kakinada District, Kakinada. 4. The Deputy Superintendent of Police, Kakinada, Kakinada District. 5. The Station House Officer, Thimmapuram Police Station District. 6. One CC to Sri. Eluru Sesha Mahesh Babu Advocate [OPUC] 7. Two CCs to GP For Home High Court of Andhra Pradesh [OUT] 8. Two CD Copies. Velagapudi, Kakinada AL HIGH COURT DATED;03/09/2025 ORDER WP NO. 22649 OF 2025 g t7 SEP 2025 s ^ . Current Jiecuon DISPOSING OF THE W.P. WITHOUT COSTS