APHC010767792018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY,THE TWENTY FOURTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 37417/2018 Between: 1. SMT. THULIBILLI KUMARI, W/O. RAMESH ,36 YEARS, R/O.D.NO.38- 1-12/1, SRINIVAS NAGAR, MARRIPALEM, VISAKHAPATNAM. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT BUILDINGS, VELAGA PUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE COMMISSIONER OF POLICE, VISAKHAPATNAM TOWN, VISAKHAPATNAM DISTRICT. 3. THE STATION HOUSE OFFICER, CYBER CRIMES POLICE STATION, VISAKHAPATNAM ...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 toto issue an appropriate writ, order or direction, more in the nature of Mandamus, declaring the inaction of respondents in not considering the request of the petitioner either to hand over the investigation in Cr. No. 62/2018registered in pursuance to the complaint of the petitioner to the independent agency such as CBCID, CID, etc. or at least to change the investigating officer as the investigating officer in the aforesaid crime is conducting the investigation in a partisan manner as being Illegal, Arbitrary, Un-Constitutional against the letter and Spirit of Guarantees under 2 Constitution, violative of Articles 14 and 21 of Constitution of India apart from violative of Principles of natural Justice and Fair Play, and consequently direct the 2nd respondent to consider the request of the petitioner for handing over of the investigation into the aforesaid crime to any independent agency or to change the investigating officer, and 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 2nd respondent to forthwith withdraw the present investigating officer in Cr. No. 62/2018 on the file of 3rd respondent and to handover the same to any other investigating officer, pending disposal of the above WP, and pass IA NO: 2 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 receive the material papers filed herewith in WP.No. 37417/2018 on record as part of material papers in the interest of justice and pass Counsel for the Petitioner: 1. KAKUMANU JOJI AMRUTHA RAJU Counsel for the Respondent(S): 1. GP FOR HOME (AP) The Court made the following: 3 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 an appropriate writ, order or direction, more in the nature of Mandamus, declaring the inaction of respondents in not considering the request of the petitioner either to hand over the investigation in Cr.No.62/2018 registered in pursuance to the complaint of the petitioner to the independent agency such as CBCID, CID, etc. or at least to change the investigating officer as the investigating officer in the aforesaid crime is conducting the investigation in a partisan manner as being Illegal, Arbitrary, Un- Constitutional against the letter and Spirit of Guarantees under Constitution, violative of Articles 14 and 21 of Constitution of India apart from violative of Principles of natural Justice and Fair Play, and consequently direct the 2nd respondent to consider the request of the petitioner for handing over of the investigation into the aforesaid crime to any independent agency or to change the investigating officer, and pass such other order or orders…” 2. Heard Sri Kakumanu Joji Amrutha Raju, learned Counsel for the petitioner and learned Assistant Government Pleader for Home for the respondents. 3. Learned counsel for the petitioner would submit that the relief has become infructuous in this matter. 4. Learned Assistant Government Pleader is in attendance. 5. Recording the same, the Writ Petition is dismissed since the relief has become infructuous. No order as to costs. 4 As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 24.07.2025 JLV 5 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.37417 of 2018 Dated.24.07.2025 JLV 64