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2025 DAILYLAW 31060 (AP)

CHERALA SUBRAMANYAM v. The State of Andhra Pradesh

WP/23759/2025 · 2025-09-08

Venkata Jyothirmai Pratapa

body2025

Judgment text

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APHC010452522025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY, THE NINTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 23759/2025 Between: 1. CHERALA SUBRAMANYAM, S/O. CHANDRAIAH, AGED 31 R/O. YEDDULAVARIPALLI VILLAGE, H/O. YERRAGUNDIA KOTA (Y.KOTA)- VILLAGE, OBULAVARIPALLI MANDAL, ANNAMAYYA 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 DIRECTOR GENERAL OF POLICE, GOVERNMENT OF ANDHRA PRADESH MANGALAGIRI, GUNTUR DISTRICT. 3. THE SUPERINTENDENT OF POLICE, ANNAMIAYYA DISTRICT AT RAYACHOTI, ERSTWHILE KADAPA DISTRICT. 4. THE SUBDIVISIONAL POLICE OFFICER, RAJAMPETA, ANNAMAYYA DISTRICT, ERSTWHILE KADAPA DISTRICT. 5. THE CIRCLE INSPECTOR OF POLICE, RAILWAY KODUR RURAL ANNAMAYYA DISTRICT, ERSTWHILE KADAPA DISTRICT. 6. THE STATION HOUSE OFFICER, OBULAVARIPALLI MANDAL, ANNAMAYYA DISTRICT, ERSTWHILE KADAPA DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner: 2 1. PALA KARTHI KIRAN Counsel for the Respondent(S): 1. GP FOR HOME 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 23759 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 a WRIT OF MANDAMUS declaring the action of Respondents particularly Respondent No's 4 to 6 in not investigating and not filing Charge Sheet in Crime No. 59/2025, dated 21.02.2025 registered under Section 318 (4) R/w 3 (5) of BNS, 2023 on the file of 6th Respondent, as illegal, irregular and amounts to non-discharge of legal obligation conferred on the Respondents under the provisions of Bhartiya Nagarik Suraksha Sanhita, 2023, Bharatiya Nyaya Sanhitha, 2023 and offends Articles 14 and 21 of the Constitution of India and consequently direct the Respondent No's 4 to 6 to investigate into the crime and file charge sheet and prosecute the accused for appropriate offences under penal provision 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 have not concluded the investigation in Crime No.59 of 2025 dated 21.02.2025 registered under Sections 318(4) r/w 3(5) of BNS and Section 66 (D) of IT Act of Obulavaripalli P.S., Annamayya District, till date. 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 for Home 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, if not already filed by this date. No order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 09.09.2025. UPS 5 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.23759 of 2025 Dated.09.09.2025 UPS 511