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2025 DAILYLAW 37431 (AP)

T. SAI BABA v. The State of Andhra Pradesh

WP/30725/2018 · 2025-07-16

Venkata Jyothirmai Pratapa

body2025

Judgment text

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APHC010641542018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY,THE SEVENTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 30725/2018 Between: 1. T. SAI BABA, S/O T.KULLAYAPPA HINDU, AGED ABOUT 48 YEARS, OCC. HEAD MASTER MPP SCHOOL, H.NO.83-145, KALLUR MANDAL KURNOOL TOWN, KURNOOL DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPLE SECRETARY, HOME DEPARTMENT, SECRETARIAT , VELAGAPUDI ANDHRA PRADESH STATE 2. THE SUPERINTENDENT OF POLICE, KURNOOL .KURNOOL DISTRICT. 3. THE DEPUTY SUPERINTENDENT OF POLICE I, SC AND ST CELL, KURNOOL. KURNOOL DISTRICT. 4. THE STATION HOUSE OFFICER, KURNOOL IV TOWN POLICE STATION. KURNOOL. KUNROOL DISTRICT. 5. K SUDHAKAR REDDY, S/O K.RAM SUBBA RAO HINDU, AGED ABOUT NOT KNOWN TO PETITIONER FLAT NO.501, MITHRA ENCLAVE, DOCTORS COLONY KURNOOL.KUNRNOOL DISTRICT. 6. V CH VENGAL REDDY, S/O V.SESHI REDDY HINDU, AGED ABOUT NOT KNOWN TO PETITIONER R/O KAMALA NAGAR. KURNOOL. KURNOOL DISTRICT. ...RESPONDENT(S): 2 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 to issue an appropriate writ, order or direction more particularly one in the nature of writ of mandamus, declaring that the inaction on the part of the Respondents 1 to 4 in not conducting investigation and consequently not filing Police Report/Charge Sheet before the competent Criminal Court in Crime No.73 of 2018 Dated15.02.2018 which was pending before the 4th Respondent, for the offence punishable under Section 324, 307 R/w 34 of IPC and Section 3(I) (s) of Schedule Caste and Schedule Tribe (Prevention of Atrocities Act) 2015 committed by the Respondents 5 to 6 and others , and consequentially to direct the Respondents 1 to 4 to conduct investigation and consequently to file Police Report/Charge Sheet before the Competent Criminal Court in Crime No.73 of 2018 Dated.15.2.2018 which was pending before the 4th Respondent, as per the provisions of Chapter XII of Cr.P.C, and to pass IA 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 direct the Respondent No. 3 to conduct investigation and consequently to file Police Report/Charge Sheet before the Competent Criminal Court in Crime No.73 of 2018 Dated:15.2.2018 which was pending before the 4th Respondent, as per the provisions of Chapter XII of Cr.P.C, forthwith, pending disposal of the main Writ petition, and to pass Counsel for the Petitioner: 1. S SYAMSUNDER RAO Counsel for the Respondent(S): 1. GP FOR HOME (AP) 3 The Court made the following: ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer: “….to issue an appropriate writ, order or direction more particularly one in the nature of writ of mandamus, declaring that the inaction on the part of the Respondents 1 to 4 in not conducting investigation and consequently not filing Police Report/Charge Sheet before the competent Criminal Court in Crime No.73 of 2018 Dated15.02.2018 which was pending before the 4th Respondent, for the offence punishable under Section 324, 307 R/w 34 of IPC and Section 3(I) (s) of Schedule Caste and Schedule Tribe (Prevention of Atrocities Act) 2015 committed by the Respondents 5 to 6 and others , and consequentially to direct the Respondents 1 to 4 to conduct investigation and consequently to file Police Report/Charge Sheet before the Competent Criminal Court in Crime No.73 of 2018 Dated.15.2.2018 which was pending before the 4th Respondent, as per the provisions of Chapter XII of Cr.P.C, and to pass.…” 2. Heard Sri S.Syamsunder Rao, learned counsel for the petitioner and Sri V.Farook, learned Assistant Government Pleader for Home. 3. Learned Assistant Government Pleader for Home would submit that in the present case FIR is closed as the matter is referred as false. 4. Recording the same, this writ petition is disposed of. However, the petitioner is at liberty to recourse his remedy 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: 17.07.2025 MH 4 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA 103 WRIT PETITION NO: 30725/2018 Dt.17.07.2025 MH