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2025 DAILYLAW 30672 (AP)

PMJ GEMS AND JEWELLERS PRIVATE LIMITED v. THE STATE OF AP

WP/22460/2025 · 2025-08-21

Venkata Jyothirmai Pratapa

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

^ APHC010442692025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 53 r Sfi 'p f ^ -A -.J i ~0\ ■! I “J » '1 A FRIDAY,THE TWENTY SECOND DAY OF AUGUstS TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 22460 OF 2025 C>/ Between: M/s. PMJ Gems and Jewellers Private Limited, A company incorporated under the provisions of Companies Act. 1956 and Now Act, 2013, Having its registered office at 1-98/85/10 Nagar, Madhapur, Hyderabad, Teiangana, Representative & Assistant General Mr.K.Raghava Kumar. regulated by Companies Plot No. 10, Vittal Rao Rep by its Authorized Manager (Legal & Secretarial), ...PETITIONER AND 1. The State of Andhra Pradesh Rep. By its Principal Secretary, Department of Home, Secretariat. Velagapudi. Guntur District. 2. The Commissioner of Police, Vijayawada, Andhra Pradesh. 3. The Machavaram P.S, Vijayawada City Station House Officer. NTR District, Rep by its 4. A. V. Nagendra Prasad, S/o Srinivasa Rao Real Estate, R/o 14-3-43, Jakkam Vari Street Aged about 33 years, Occ Narasapuram, West Satyapurna Residency, Plot Veedi, R.R.Pet, Eluru, West Godavari Godavari District, Andhra Pradesh, Also at No.303, Gosamrakshana District. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that irfthe circumstances stated in the affidavit filed therewith, the High Court pleased to issue an appropriate writ or order or direction more particular i the nature of Writ of Mandamus declaring the action of the herein, more particularly the Respondent No,3 herein in not completing the investigation in Crime.No.166 of 2019 dated 02.04.2019 may be in Respondents on the file of sheet in Machavaram P.S, Vijayawada City and not filing the charge Crime.No.166 of 2019 dated 02.04.2019 as being illegal, arbitrary, unconstitutional and in violation of Article 14 and 19(1)(g) of the Constitution of India and also in violation of provisions of Code of Criminal Procedure, 1973 and BNSS, 2023 and Consequently direct the Respondent No.3 to complete the investigation and file the Charge Sheet in Crime No. 166 of 2019 dated 02.04.2019, on the file of Machavaram P.S, Vijayawada City. lA NO: 1 OF 2Q2fi 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 Respondent No.3 to forthwith complete the investigation in Crime No. 166 of 2019 dated 02.04.2019 Vijayawada City and file chargesheet. Counsel for the Petitioner: SRI N. ASHWANI KUMAR Counsel for the Respondent Nos.1 to 3: GP FOR HOME Counsel for the Respondent No.4: The Court made the following order: on the file of Machavaram P.S 1 APHC010442692025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY,THE TWENTY SECOND DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 22460 OF 2025 Between: 1. PMJ GEMS AND JEWELLERS PRIVATE LIMITED. A company Companies Act, 1956 and Now incorporated under the provisions of regulated by Companies Act, 2013, Having its registered office at 1-98/85/10, Plot No. 10, Vittal Rao Nagar, Madhapur, Hyderabad, Telangana, Rep by its Authorized Representative AND Assistant General Manager (Legal AND Secretarial), Mr.K.Raghava Kumar. ...Petitioner AND 1. THE STATE OF AP, Rep. By its Principal Secretary, Department of Home, Secretariat, Velagapudi, Guntur District. 2. The Commissioner of Police,, Vijayawada, Andhra Pradesh. Vijayawada City, NTR District, Rep by its Station 3. The Machavaram P S House Officer. 4. A V Nagendra Prasad. S/o Srinivasa Rao, Aged about 33 years, Occ Real R/o 14-3-43, Jakkam Vari Street, Narasapuram, West Godavari Satyapurna Residency, Plot No.303, Gosamrakshana Veedi, R.R.Pet, Eluru. West Godavari District. Estate District, Andhra Pradesh, Also at ...Respondents I 2 Petition under Adicle 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 an appropriate writ or order or direction more particular in the nature of Writ of Mandamus Respondents herein declaring the action of the more particularly the Respondent No,3 herein in not completing the investigation in Crime.No.166 of 2019 dated 02.04.2019 the file of Machavaram P.S, Vijayawada City and Crime.No.166 of 2019 on not filing the charge sheet in dated 02.04.2019 being illegal, arbitrary, unconstitutional and in violation of Article 14 and 19(1){g) of the Constitution India and also in violation of as of provisions of Code of Criminal Procedure, 1973 and BNSS, 2023 and Consequently direct the Respondent No.3 to complete the investigation and file the Charge Sheet in Crime No. 166 of 2019 dated 02.04.2019, on the file of Machavaram P.S, Vijayawada City and pass lA NO: 1 OF 209Fi Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court pleased to direct the Respondent No.3 to forthwith may be pleased complete the investigation in Crime No. 166 of 2019 dated 02.04.2019, on the file of Machavaram P.S, Vijayawada City and file chargesheet and pass Counsel for the Petitioner: N ASHWANI KUMAR Counsel for the Respondents: GP FOR HOME The Court made the following order: 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WPIT PFTITION NO: 22460 OF 2025 ORDER: is filed under Article 226 of Constitution of India with the This Writ Petition is following prayer for; “ pleased to issue an appropriate writ or order or direction more particular in the nature of Writ of Mandamus declaring the action of the Respondents herein, more particularly the Respondent No,3 herein in not completing the investigation in Crime.No.166 of 2019 dated the file of Machavaram P.S, Vijayawada City and not Crime.No.166 of 2019, dated 02.04.2019 as { \ 02.04.2019, on filing the charge sheet in ^ being illegal, arbitrary, unconstitutional and in violation of Article 14 and 19(1)(g) of the Constitution of India and also in violation of provisions of Code of Criminal Procedure, 1973 and BNSS, 2023 and Consequently direct the Respondent No.3 to complete the investigation and file the Charge Sheet in Crime No. 166 of 2019 dated file of Machavaram P.S, Vijayawada City and 02.04.2019, on the pass..” 2. Heard Sri Sri V.Farooq, learned respondents. 3. Learned counsel for the petitioner would submit that the police have not concluded the investigation in FIR No.166 of 2019 dated 02.04.2019 of Machavaram P.S., Vijayawada District, even after a lapse of seven (07) years. Learned counsel would further submit that a direction may be given to the respondent-police to conclude the investigation. Assistant Government Pleader would submit that the Court N.Ashwani Kumar, learned counsel for the petitioner and Assistant Government Pleader for Home for the 4. Learned may pass appropriate orders. 4 5. Considering the submissions, the Writ the Poiice are directed to conclude the i to law within a period of two (2) months from this order, if not already filed. No order As a sequel thereto, miscellaneous Petition is disposed of. However investigation and file a report according the date of receipt of the copy of as to costs. petitions pending, if any, shall stand closed. / Sd/- M. SRINIVAS //TRUE COPY// ASSISTANTxREGISTRAR SECTION OFFICER To 1. The Principal Secretary, Pradesh, Secretariat, Velagapudi, Guntur District. 2. The Commissioner of Police. Vijayawada, Andhra Pradesh. 3. The Machavaram P.S, Vijayawada City, NTR District. Station House Officer. 4. One CC to Sri N. Ashwani Kumar, Advocate [OPUC] 5. Two CCs to GP for Home, High Court of Andhra Pradesh [OUT] 6. Two CD Copies. Department of Home, State of Andhra Rep by its ssb HIGH COURT DATED:22/08/2025 ORDER WP No. 22460 OF 2025 a 0 5 SEP 2025 crj ) ^^sCiptnt S»cti(jitx«^ disposing of the w.p. without COSTS