i .i APHC010469602018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY,THE FIFTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI WRIT PETITION NO: 22129 OF 20^R PRATAPA Between: Mandava Venkata Ramanaiah, S/o. Kandrika Village, Marripadu Mandal, M.Ramaiah, Occ. Teacher, Ponguru S.P.S Nellore. ...PETITIONER AND 1. The State of Andhra Pradesh Rep. by Principal Secretary, Home Department, Secretariat, Amaravathi, Velgapudi, Guntur 2. The Superintendent of Police District. S.P.S Nellore District, S.P.S Nellore. 3. The Station House Officer, Marripadu (D.C.Palli) Police Station, S.P.S Nellore District. 4. Gowardhan Reddy, S/o Not known C/o. Venkateshwarlu, Reddy Somasela High Level lift Occ; Contractor, R/o. Buchireddy Occ. Supervisor, Anam Sanjeeva palem. Cannel Project Reservoir Work at Ponguru Kandrika Village, Marripadu Mandal, 5. Venkateshwarlu, S/o Not known S.P.S Nellore District. Occ. Supervisor, Anam Sanjeeva Reddy Somasela High Level lift Ponguru Kandrika Village, Marripadu Mandal Cannel Project Reservoir Work at S.P.S Nellore District. ...RESPONDENTS of India praying that in the circumstances stated in the affidavit filed therewith, the High Court Petition under Article 226 of the Constitution may be / y pleased to issue a Writ order or direction more particularly, one in the nature of Writ of Mandamus, declaring the inaction of the 3rd respondent Police in investigating the crime not filing the charge sheet F.I.R.No.42/2016 dated 03/05/2016 even after 2 years in on the file of Marripadu Police Station, S.P.S Nellore District as illegal, bias and against the provisions (173) of Cr.P.C and opposed to Article 14 and 21 of Constitution of India. Consequently direct the 2"'^ respondent to initiate action against the 3'"'^ respondent and caused delay with respondent office for colluding with 4 malicious intention. lA NO: 1 OF 201« 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 3'’‘ respondent to complete the investigation and file charge sheet in F.I.R.No.42/2016 on the file of Marripadu Police Station dated 03/05/2016, pending disposal of the main writ petition. lA NO: 2 OF 201« 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 2"^ respondent to conduct enquiry against the 3'^'^ respondent office with regard to the delay in investigation with mala-fade intention by colluding with the 4"' respondent, pending disposal of the main writ petition. Counsel for the Petitioner: M/s. KARUNA GUTHA Counsel for the Respondent Nos.1 to 3: Counsel for the Respondent Nos.4 & 5:SRI The Court made the following order: GP FOR HOME P. GANGA RAMI REDDY APHC01046961)2018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY,THE FIFTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 22129/2018 Between: 1.MANDAVA VENKATA RAMANAIAH, S/0. M.RAMAIAH, OCC. TEACHER, PONGURU KANDRIKA VILLAGE, MARRIPADU MANDAL, S.P.S NELLORE. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT, AMARAVATHI, VELGAPUDI, GUNTUR DISTRICT. 2.THE SUPERINTENDENT OF POLICE, S.P.S NELLORE DISTRICT, S.P.S NELLORE. 3.THE STATION HOUSE OFFICER, MARRIPADU (D.C.PALLI) POLICE STATION, S.P.S NELLORE DISTRICT. 4.GOWARDHAN REDDY, S/0 NOT KNOWN, OCC.CONTRACTOR, R/O. BUCHIREDDY PALEM, C/0. VENKATESHWARLU, OCC. SUPERVISOR , ANAM SANJEEVA REDDY SOMASELA HIGH LEVEL LIFT CANNEL PROJECT RESERVOIR WORK AT PONGURU KANDRIKA VILLAGE, MARRIPADU MANDAL, S.P.S NELLORE DISTRICT. 5.VENKATESHWARLU, S/0 NOT KNOWN, OCC. SUPERVISOR , ANAM SANJEEVA REDDY SOMASELA HIGH LEVEL LIFT CANNEL PROJECT RESERVOIR WORK AT PONGURU KANDRIKA VILLAGE, MARRIPADU MANDAL, S.P.S NELLORE DISTRICT. ...RESPONDENT(S): 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 a Writ order or direction more particularly, one in the nature of Writ of Mandamus, declaring the inaction of the 3rd respondent Police in investigating the crime not filing the charge sheet even after 2 years in F.I.R.No.42/2016 dated 03/05/2016 on the file of MarripaduPolice Station, S.P.S Nellore District as illegal, bias and against the provisions (173) of Cr.P.C and opposed to Article 14 and 21 of Constitution of India. 2 Consequently direct the 2nd respondent to initiate action against the 3rd respondent office for colluding with 4th respondent and caused delay with malicious intention and pass Counsel for the Petitioner: 1.KARUNAGUTHA Counsel for the Respondent(S): 1. GP FOR HOME (AP) 2. P GANGA RAMI REDDY The Court made the following: ORDER: The instant Writ Petition is filed by the Petitioner seeking indulgence of this Court under Article 226 of the Constitution of India for the following relief: " ... to issue a Writ order or direction more particularly, one in the nature of Writ of Mandamus, declaring the inaction of the S"'* respondent Police in investigating the crime not filing the charge sheet even after 2 years in F.I.R.No.42/2016 dated 03/05/2016 on the file of Marripadu Police Station, S.P.S Nellore District as illegal, bias and against the provisions (173) of Cr.P.C and opposed to Articles 14 and 21 of Constitution of India. Consequently direct the 2"'^ respondent to initiate action against the 3'^ respondent office for colluding with 4^^ respondent and caused delay with malicious intention and pass ...." 2. As can be seen from the order of this Court dated 20.07.2018, it reads as under: Learned Assistant Government Pleader for Home produced written instructions stating that during the course of investigation in Crime No.42/2016, three witnesses have been examined and their detailed statements were recorded; that the then Investigating Officer has made a requisition to the Tahsildar, Marripadu Mandal on 03.05.2016 to furnish particulars of the land in Sy.No.l284 on which the Tahsildar furnished some information. As the same was not sufficient, the Investigating Officer again made a requisition on 17.07.2018 to <Kr ' Tahsildar and the j-eport is awaited; and that after completion of investigation appropriate report will be filed. In view of the above, post after eight weeks for reporting further progress in the investigation. 3. Learned Assistant Government Pleader for Home appearing for respondents on written instructions dated 19.07.2018 would submit that appropriate directions may be given to the concerned police for completion of the investigation if not done so far. 4. Learned counsel for the Petitioner would submit that the Court may pass appropriate orders. 5. In that view, it is apposite to direct respondent authorities to complete the investigation in connection with the subject crime according to law if not done so far and file final report within a period of two weeks from the date of receipt of a copy of this Order. 6. Accordingly, this Writ Petition is disposed of. No order as to costs. Pending applications, if any, shall stand closed. Sd/- K.J. RAJA BABU assistant REGISTR^ SECTI^OFRCER //TRUE COPY// To The Principal Secretary, Home Department, State of Andhra Pradesh, Secretariat, Amaravathi, Velgapudi, Guntur District. The Superintendent of Police, S.P.S Nellore District, S.P.S Nellore. The Station House Officer, Marripadu (D.C.Palli) Police Station, S.P.S Nellore District. One CC to M/s. Karuna Gutha, Advocate [OPUC] One CC to Sri P. Ganga Rami Reddy, Advocate [OPUC] Two CCs to GP for Home, High Court of Andhra Pradesh [OUT] Two CD Copies 1. 2. 3. 4. 5. 6. 7. 5Sh y HIGH COURT DATED: 15/07/2025 /ZO ORDER WP No.22129 OF 2018 ^3 //o ((I vS' AUG 2075 Current beciion m,I COi S^-k DISPOSING OF THE W.P. WITHOUT COSTS