APHC010493912025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY, THE TWENTY FIFTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 26069/2025 Between: 1. K MARLAMMA, W/O. NAGARAJU AGED ABOUT 45 YEARS. 2. K NAGARJU,, S/O. APPAYYA AGED ABOUT 33 YEARS. ...PETITIONER(S) AND 1. THE STATE OF AP, REPRESENTED BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT 2. THE DIRECTOR GENERAL OF POLICE, ANDHRA PRADESH MANGALAGIRI 3. THE SUPERINTENDENT OF POLICE, VISHAKAPATNAM DISTRICT, (PRSENTLY ANAKAPALLI DISTRICT). 4. THE COMMISSIONER, SOCIAL WELFARE DEPARTMENT ANDHRA PRADESH AND CONVENOR S C S T MONITORING COMMITTEE AMARAVATHI. 5. THE DEPUTY DIRECTOR, SOCIAL WELFARE DEPARTMENT VISHAKAPATNAM, (PRSENTLY ANAKAPALLI) DISTRICT. 6. THE DISTRICT COLLECTOR, VISHAKAPATNAM DISTRICT, (PRSENTLY ANAKAPLLI DISTRICT.) 7. THE STATION HOUSE OFFICER, CHEEDIKADA POLICE STATION VISHAKAPATNAM DISTRICT, (PRESENTLY ANAKAPALLI DISTRCT) 8. THE DEPUTY SUPERINTENDENT OF POLICE, SC ST CELL VISAKHAPATNAM DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner(S): 1. RAMANI ANNAM Counsel for the Respondent(S): 1. GP FOR HOME 2. GP FOR REVENUE 3. GP FOR SOCIAL WELFARE 2 The Court made the following: ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “.... to issue the writ order or direction more particularly one in the nature of writ of MANDAMUS or any other appropriate Wirt or Order or Orders by declaring the inaction of the respondents in adding the Petitioners /real victims/ witnesses as prosecution witnessess and removing false witnessess from the charge sheet filed in connection with Cr.No.55/2015 on the file of cheedikada police station vishakapatnam (presently anakapalli) district and in paying compensation to the Peitioners/all victims/ witnessess as illegal, arbitrary and violation of principles of natural justice and also Article 14,21 of the Constitution of India and consequently direct the respondents to remove the false witnesses mentioned at the sl.no. L.W.37, L.W.38, L.W.35, L.W.40, L.W.41, L.W.42, L.W.34, L.W.45, L.W.36, L.W.39, L.W.44, L.W.46, L.W.43, as L.W in the third charge sheet in connection with Cr.No.55/2015 on the file of cheedikada police station vishakapatnam district and add the Petitioners/ real victims to the final charge sheet in connection with Cr.No.55/2015 on the file of cheedikada police station vishakapatnam district and pay compensation to them as per SC ,ST (PCA) 1989 Act.” 2. Heard Sri Ramani Annam, learned counsel for the petitioner and Sri Md.Farooq, learned Assistant Government Pleader for Home. 3. Learned Assistant Government Pleader for Home placed on record the written instructions regarding Crime No. 55 of 2015, registered for offences under Sections 147, 323, 506, and 504 read with Section 49 IPC, and Sections 3(1)(r), (s), (ze) and 3(2)(va) of the SCs and STs (PoA) Act. Learned Assistant Government Pleader for Home submitted that, after the completion of the investigation, the police filed a charge sheet before the learned Additional Judicial 3 Magistrate of First Class, Chodavaram, against six persons, deleting the names of the remaining accused vide PRC No. 16 of 2018. He further submitted that, in light of the proceedings of the Superintendent of Police, Visakhapatnam, the Investigating Officer took up further investigation, examined additional witnesses, identified another 39 accused in addition to the six already charged, and filed an additional charge sheet on 16.04.2019. 4. Learned counsel for the petitioners would submit that the police have recorded the statements of some persons who are not connected to the case and the petitioners herein are victims and their statements were not recorded. 5. Considering the submissions made, the Writ Petition is disposed of. However, the respondent-police are directed to look into the petitioners' grievance and take appropriate steps according to the law. Similarly, the learned Magistrate, where the aforesaid PRC is pending, is directed to proceed with the matter and take steps to ensure that the file is sent to the learned Special Court, which has jurisdiction to take cognizance directly without any committal. The concerned Principal District Judge is directed to take all necessary steps to transmit the crime record from the concerned Magistrate’s Court to the Special Court to proceed further in this matter. There shall be no order as to costs. 4 6. Registry is directed to communicate the order to the concerned Principal District Judge and the concerned Magistrate Court for taking necessary steps in this matter. As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed. _______________________________________ Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA Date:25.09.2025 ASR 5 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.26069 of 2025 Dt.25.09.2025 Asr