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2025 DAILYLAW 32422 (AP)

Pedasanaganti Krishna v. State of Andhra Pradesh

WP/22461/2018 · 2025-07-23

Venkata Jyothirmai Pratapa

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Judgment text

Extracted from the PDF above. The PDF is authoritative.

r % $ i APHC010478282018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE TWENTY FOURTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 22461 OF 2018 Between; Pedasanaganti Krishna, S/o. Late Nagaiah, Aged 66 years, Occ. Retd. Govt. Employee, R/o. Sultanagaram, Bandar Mandal, Krishna District. ...Petitioner AND 1. State of Andhra Pradesh, Rep. by its Principal Secretary to Government, Home Department, Secretariat, Velagapudi, Amaravathi, Guntur District. 2. Director General of Police, Government of Andhra Pradesh, Mangalagiri, Guntur District. 3. Additional Director General of Police, C.I.D, Government of Andhra Pradesh, Mangalagiri. Guntur District. 4. Superintendent of Police, Machilipatnam, Krishna District. 5. Station House Officer, Bandar Taluk Police Station, Machilipatnam, Krishna District. 6. Tellakula Bala Koteswara Rao, S/o. Venkata Chalapathi Rao, Aged . Major, Occ . Privite Service, residents of Mutrasipalem, Movva Mandal, Krishna District, Andhra Pradesh. 7. Tellakula Venkata Chalapathi Rao, Aged Major, residents of Mutrasipalem, Movva Mandal, Krishna District, Andhra Pradesh. m 8. Tellakula Varalakshmi, W/o. Venkata Chalapathi Rao, Aged Major, residents of Mutrasipalem, Movva Pradesh. Mandal, Krishna District, Andhra r Aged Major, residents of Mutrasipalem, ^ , 9. Tellakula Koteswara Rao Movva Mandal, Krishna District, Andhra Pradesh. lO.Kallepalli Nageswara Rao, Aged Major, residents of Mutrasipalem Movva Mandal, Krishna District, Andhra Pradesh. ...Respondents Article 226 of the Constitution of India praying that in the the affidavit filed therewith, the High Court may be Petition under circumstances stated in pleased to Issue a writ, order or direction more particularly one In the nature of WRIT OF MANDAMUS declaring the inaction on the part of respondents 1 to dated 08.04.2018, submitted for re-opening of 5 on petitioners representation the dowry death case of his daughter namely Karuna, in F.I.R, No.122/2013 of Station under Section 174 of Criminal Procedure Code Bandar Taluq Police against the respondents 6 to 10 and for transferring case for conducting fair and unbiased investigation by any independent investigation agency such as or C.B.I., as illegal, irregular, irrational, amounts to non S.I.T., C.I.D. discharge of legal obligation conferred on them under the provisions of Code of Criminal Procedure, 1973 and offends article 14 of Constitution of India and consequently direct the respondents 1 to 5 to re-open the said crime against and transfer the entire file for investigation to any independent the offenders investigation agency lA NO: 1 OF 2018 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 5 to consider and decide petitioner s direct the respondents 1 to representation dated case of his daughter namely Karuna in F.I.R. No.122/2013 of Bandar Taluq 174 of Criminal Procedure Code against the 08.04.2018 submitted for re-opening of the dowry death Police Station under Section respondents 6 to 10 and for transferring the said case for conducting fair and unbiased investigation by any independent investigation agency such as S.I.T., C.I.D., or pending disposal of the main Writ Petition r Counsel for the Petitioner: SRI SARATH KUMAR D (Not Present) Counsel for the Respondents no.1 to 5: GP FOR HOME (AP) The Court made the following order: / APHC010478282018 THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE TWENTY FOURTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION No. 22461/2018 IN [3396] ^^*PEDASANAGANTI KRISHNA, S/0, LATE YEARS, OCC. RETD. GOVT. EMPLOYEE, R/0. SULTANAGARAM, BANDAR MANDAL, KRISHNA DISTRICT. ...PETITIONER AND OF ANDHRA PRADESH. REP. BY 'TS ^RINCIP^ SECRETARY TO GOVERNMENT. HOME DEPARTMENT. SECRETARIAT VELAGAPUDl. AMARAVATHl. GUNTUR DISTRICT. 2. Stop generT of police, government of andhra PRADESH, MANGALAGIRl, GUNTUR DISTRICT. 3 ADDITIONAL DIRECTOR GENERAL OF POLICE, GOVERNMENT OF ANDHRA PRADESH. MANGALAGIRL GUNTUR DISTRICT. 4. SUPERINTENDENT OF POLICE 5. SW^O? HOUSE OFFICER. BANDAR TALUK POLICE STATION, MACHILIPATNAM, KRISHNA DISTRICT. 6. TELLAKULA BALA KOTESWARA F^, QPRVirF CHALAPATHl RAO, AGED . “"OR OCC . PRMTE SEWIC^ RESIDENTS OF MUTRASIPALEM, MOWA MANDAL, KRISHNA DISTRICT, ANDHRA PRADESH. 7 TFI IAKULA VENKATA CHALAPATHI RAO, AGED RESIDENTS OF MUTRASIPALEM. MOWA MANDAL, KRISHNA 8 SkJl^TrZkSHmP W/0. VENKATA CHALAPATHI RAO, AGE^ MAJOR^KIDENTS of MUTRASIPALEM, MOWA MANDAL, KRISHNA DISTRICT, ANDHRA PR^DESH^ q TELLAKULA KOTESWARA RAO, AGED . MAJOR, RESIDENTS OF MUTRASIPALEM, MOWA MANDAL, KRISHNA DISTRICT, ANDHRA in KALLEPALLI NAGESWARA RAO, AGED . MAJOR, MUTRASIPALEM, MOWA MANDAL, KRISHNA DISTRICT, ANDHRA PRADESH. 1. STATE MACHILIPATNAM, KRISHNA S/0. VENKATA MAJOR, 2 ...RESPONDENT(S): Counsel for the Petitioner: 1.SARATH KUMAR D Counsel for the Respondent(S): 1.GP FOR HOME (AP) The Court made the following: ORDER: K This Writ Petition is filed under Article 226 of Constitution the following prayer for: of India with .... a Writ of Mandamus declaring the inaction on the part of respondents 1 to 5 on petitioners representation dated 08.04.2018, submitted for re- ^^^dhter namely Karuna, In F.i.R. No.122/2013 of Bandar Taluq Police Station under Section 174 of Criminal Procedure Code against the respondents 6 to 10 and for transferring case for conducting fair and unbiased investigation by any independent investigation agency such as S.I.T., C.I.D., or C.B.I., as illegal, irregular, irrational amounts to non discharge of legal obligation conferred on them under the provisions of Code of Criminal Procedure, 1973 and offends article 14 of Constitution of India and consequently direct the respondents 1 to 5 to re-open the said crime against the offenders and transfer the file for investigation to any independent investigation agency. ” entire 2. None represented for the Petitioner. 3. Sri Md.Farooq, learned Assistant Government Pleader for Home submit that, after due investigation, the above crime was referred as false and the Petitioner filed a private complaint before the Court and hence of action in the petition does not survive. Hence, the petition may be disposed would , the cause of. 4. Considering the submissions made, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending shall stand Sd/- m. SRINIV.AS ASSISTANT REGiSTRAR closed. //TRUE COPY// i 07 SECTION OFFICER 1. The Principal Secretary, State of Andhra Pradesh, Home Department, Secretariat, Velagapudi, Amaravathi, Guntur District. To, a 2. Director General of Police, Government of Andhra Pradesh, Mangalagiri, Guntur District. 3. Additional Director General of Police, C.I.D, Government of Andhra Pradesh, Mangalagiri. Guntur District. 4. Superintendent of Police, Machilipatnam, Krishna District. 5. Station House Officer, Bandar Taluk Police Station, Machilipatnam, Krishna District. 6. One CC to SRI SARATH KUMAR D Advocate [OPUC] 7. Two CCs to GP FOR HOME (AP) High Court of Andhra Pradesh [OUT] 8. Two CD Copies f gsg HIGH COURT DATED: 24/07/2025 ORDER WP NO. 22461 OF 2018 DISPOSING THE WP WITHOUT COSTS