APHC010571112024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] MONDAY,THE EIGHTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 278/2025 Between: 1. KOTA RADHA RUKMINI, W/O. LATE SRINIVASA RAO, AGED ABOUT 44, R/O D. NO. 1-188A, NEAR RAMALAYAM, RAMAVARAPPADU, VIJAYAWADA RURAL, NTR DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRI. SECRETARY, HOME DEPARTMENT, AP SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE COMMISSIONER OF POLICE, SAKTHI BHAVAN, DORNAKAL ROAD, SURYARAOPET, VIJAYAWADA, NTR DISTRICT 3. THE ASST COMMISSIONER OF POLICE, MACHAVARAM POLICE STATION, VIJAYAWADA, NTR DISTRICT. 4. THE STATION HOUSE OFFICER, MACHAVARAM POLICE STATION, VIJAYAWADA, NTR DISTRICT. 5. THE ASST COMMISSIONER OF POLICE, GUNADALA POLICE STATION, VIJAYAWADA, NTR DISTRICT. 6. THE STATION HOUSE OFFICER, GUNADALA POLICE STATION, VIJAYAWADA, NTR DISTRICT. 7. KOTA MURALI KRISHNA, S/O. RAMA RAO, AGED ABOUT 54 YEARS, R/O FLAT NO. 503, PINNAMANENI HEIGHTS, RAMAVARAPPADU, VIJAYAWADA RURAL - 521108 8. KOTA ESHWAR SAI CHARAN, S/O. KOTA MURALI KRISHNA, AGED ABOUT 23 YEARS, R/O FLAT NO. 503, PINNAMANENI HEIGHTS, RAMAVARAPPADU, VIJAYAWADA RURAL - 521108 9. KOTA BHARGAV VENKATA PHANINDRA, S/O. KOTA MURALI KRISHNA, AGED ABOUT 22 YEARS, R/O FLAT NO. 503, PINNAMANENI HEIGHTS, RAMAVARAPPADU, VIJAYAWADA RURAL - 521108 10. KOTA NAGA LAKSHMI, D/O. KOTTI BALA RAM MURTHY, AGED ABOUT 48 YEARS, R/O D.NO. 13-7/11, INDIRA NAGAR-2, YENAMALAKUDURU, VIJAYAWADA - 520007 11. KUPPAALA SRINIVASA RAO, S/O. LAKSHMI NARASAIAH, AGED ABOUT 41 YEARS, R/O D.NO. 3-8, RAMAVARAPPADU, VIJAYAWADA RURAL - 521108 12. G RAMANJNYULU, S/O. RAJA RAO, AGED ABOUT 39 YEARS, R/O D.NO. 4-63, BEHIND COOPERATIVE BANK, PRASADAMPADU, VIJAYAWADA RURAL -521108 13. UPPALURI KESAVA RAO, S/O. NOT KNOW TO COMPLAINANT, AGED ABOUT 50 YEARS, R/O D.NO. 6-188, IMPS ROAD, SIR CENTRE, PRASADAMPADU, VIJAYAWADA RURAL - 521108. MOBILE 9949300333 ...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 topleased to issue a Writ, Order or direction more particularly one in the nature of WRIT OF MANDAMUS directing 4th or 6th Respondent to file Charge Sheet under Crime No.421 of 2021 against the Respondents 7 to 13 for the offences committed by them under the Complaint given by the Petitioner Dt.04.09.2019 which was referred by the Hon'ble I Addl. Chief Metropolitan Magistrate Vijayawada as per Law, as being legal and consequently further direct the 4th or 6th Respondent to record the statements if not recorded in Crime No. 421 OF 2021 and file Charge Sheet against the Respondents 7 to 13 as early possible and to pass IA NO: 1 OF 2025 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 pleased to direct the 4th or 6th Respondent to file Statements recorded so far or furnish the progress as on today in Crime No. 421 OF 2021 on the file I Addl. Chief Metropolitan Magistrate, Vijayawada and to pass Counsel for the Petitioner: 1. S.RAJA SEKHAR Kashyap Counsel for the Respondent(S): 1. GP FOR HOME The Court made the following: THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 278 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 of WRIT OF MANDAMUS directing 4th or 6th Respondent to file Charge Sheet under Crime No.421 of 2021 against the Respondent Nos.7 to 13 for the offences committed by them under the Complaint given by the Petitioner Dated 04.09.2019 which was referred by the Hon'ble I Addl. Chief Metropolitan Magistrate Vijayawada as per Law, as being legal and consequently further direct the 4th or 6th Respondent to record the statements if not recorded in Crime No.421 of 2021 and file Charge Sheet against the Respondent Nos. 7 to 13 as early possible and to pass…” 2. Heard Sri S.Raja Sekhar, learned counsel for the petitioner and Sri V.Farooq, learned Assistant Government Pleader for Home appearing for the respondents. 3. Learned counsel for the petitioner would submit that the respondent- Police have registered a Crime in Cr.No.421 of 2021, for the offences punishable under Sections 192, 197, 403, 415, 418, 419, 420, 423, 424, 425, 464, 466, 468, 474, 490, 503 r/w 34 IPC & 120-B IPC & under Section 156(3) of Cr.P.C., in the year 2021 against the petitioner and till now, they have not choose to file a report in this matter. 4. Learned Assistant Government Pleader for Home for the respondents, on instructions would submit that after concluding the investigation, the Police have filed a referred charge sheet vide C.No.95/ACP-CD/VJA/2024, dated 04.04.2024, issued by the ACP-Central Division, Vijayawada, wherein the case is referred as mistake of fact. 5. As seen from the referred charge sheet filed by the respondent-Police, it is found that there is no reference about the issuance of notice to the de-facto complainant before filing the referred charge sheet before the I Additional Chief Metropolitan Magistrate, Vijayawada. 6. In that view of the matter, the Writ petition is disposed of. However, the Police are directed to follow due process of law while filing a referred charge sheet before the Court below and further, the petitioner is at liberty to work out his remedies before the appropriate forum. 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: 18.08.2025. SRT HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.278 of 2025 Dated.18.08.2025 UPS 165