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2025 DAILYLAW 30252 (AP)

CHITRA SIVA v. THE STATE OF ANDHRA PRADESH

WP/22692/2025 · 2025-09-02

Venkata Jyothirmai Pratapa

body2025

Judgment text

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APHC010435062025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] WEDNESDAY, THE THIRD DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 22692/2025 Between: 1. CHITRA SIVA, S/O SURYANARAYANA, AGED ABOUT 48 YEARS, R/O 1-62, HIGH SCHOOL STREET, VADAPALLI, KOVVUR MANDAL, EAST GODAVARI - 534350 ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF HOME, A. P. SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT, ANDHRA PRADESH 2. THE SUPERINTENDENT OF POLICE, EAST GODAVARI DISTRICT, ANDHRA PRADESH 3. THE STATION HOUSE OFFICER, , KOVVUR TOWN POLICE STATION, EAST GODAVARI DISTRICT, ANDHRA PRADESH ...RESPONDENT(S): Counsel for the Petitioner: 1. SETTIBATULA SUBHASH Counsel for the Respondent(S): 1. GP FOR HOME 2 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 22692 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 inaction of respondents, particularly the Respondent No. 3, in not conducting the investigation and in failing to file the charge sheet in respect of FIR No. 33/2025, dated 11.02.2025, registered at Kovvur Town P.S., U/s. 108, 74, 115 (2), 351 (2), read with 3 (5) of BNS, 2023, as arbitrary tantamounting to failure to discharge their statutory obligation under the provisions of Code of Criminal Procedure, 1973, besides being violation of my fundamental rights enshrined under Article 14 and 21 of Constitution of India, and consequently, direct the Respondent No. 3 to expeditiously investigate illegal, and the said crime and file the charge sheet for appropriate offences under applicable penal laws and to pass.…” 2. Heard Sri Settibatula Subhash, 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 have not concluded the investigation in FIR No. 33/2025, dated 11.02.2025, registered at Kovvur Town P.S., U/s. 108, 74, 115 (2), 351 (2), read with 3 (5) of BNS, 2023. Learned counsel would further submit that a direction may be given to the respondent-police to conclude the investigation. 3 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 within a period of three (3) months from the date of receipt of copy of this Order. No order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 03.09.2025. UPS 4 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.22692 of 2025 Dated.03.09.2025 UPS 155