APHC010013292025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] FRIDAY ,THE TENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 706/2025 Between: 1. GOLLA LAXMI DEVI, AS ...PETITIONER AND 1. THE STATE OF AP, as ...RESPONDENT Counsel for the Petitioner: 1. A MOGILI Counsel for the Respondent: 1. GP FOR HOME The Court made the following: 2 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer: “….to issue an order or direction more particularly one in the nature of writ of Writ of Mandamus by declaring the inaction of the respondent Nos.2 to 6 not conducting the re-investigation by changing the investigation officer in the Crime No.154/2024, dated 27.11.2024 for the offences 329(3), 351(2), 79, 115(2), 74 r/w 3(5) of BNS closed as false without recording the victim statement as well as eye witness statements in the said crime and colluded with the accused No.1 who is police constable working in the same circle is illegal, arbitrary and violation of provisions of the BNSS and consequently direct the respondent No.2 to take action against the 7th & 8th respondent who colluded with the accused No.1 and closed the FIR as false and pass…. 2. Heard Sri V.Farook, learned Assistant Government Pleader for Home. 3. When the matter is taken for hearing, learned Assistant Government Pleader on written instructions would submit that the case was referred as false and notice to that effect was also issued to the defacto-complainant on 27.12.2024. It is beneficial to extract the relevant portion from written instructions below: “….It is further submitted that basing on the above proceedings the investigating officer has concluded the investigation and further a refer letter was addressed to the Sub Divisional Police Officer, Atmakur by explaining the investigation discloses, and requesting the permission to refer the case as false, and after careful examination of the records the SDPO Atmakur has issued proceedings vide C.No.239/Ref/SDPO-ATR/2024, dated 27.12.2024 and basing on the same the investigating officer has served the RCS notices to the complainant and further after prepared the final report and filed before the Hon’ble Judicial First Class Magistrate Court at Atmakur, Nandyala District 3 and the same is awaited, and further if the petitioner is having any objection she has to approach the Hon’ble Judicial First Class Magistrate Court at Atmakur. It is further submitted that the respondent police have followed the due process of law in investigating the matter and followed the procedures contemplated under law, and there is no lapse in the investigation. It is further submitted that all the allegations leveled against the respondent police are purely false and baseless and only invented for filing the present Writ Petition….” 4. In the light of the written instructions, this Writ Petition is disposed of. However, the petitioner is at liberty to recourse his remedy according to law. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. ________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 10.01.2025 MH 4 108 HON’BLE SMT. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.706 of 2025 Dt.10.01.2025 MH