APHC010811332018 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: 39188/2018 Between: 1. V.V. RAMA PRASAD,, S/O SANGAMESWARA RAO, AGED ABOUT 47 YEARS, R/O. 8-119, LENKAVEEDHI, VEERAGHATTAM, SRIKAKULAM DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, ANDHRA PRADESH. 2. THE DIRECTOR OF GENERAL OF POLICE, BUCKINGHAMPETA, VIJAYAWADA, KRISHNA DISTRICT. 3. THE SUPERINTENDENT OF POLICE, SRIKAKULAM, SRIKAKULAM DISTRICT 4. THE STATION HOUSE OFFICER, TEKKLI POLICE STATION, SRIKAKULAM DISTRICT. 5. THE DISTRICT COLLECTOR, SRIKAKULAM. SRIKAKULAM DISTRICT. 6. THE SUPERINTENDENT OF POLICE, GOVERNMENT RAILWAY POLICE STATION, SRIKAKULAM. 7. K SOMESWARA RAO, S/O NOT KNOWN, A.I.T.A.M. COLLAGE OF THE CHAIRMAN, K.KOTTURU. TEKKALI, SRIKAKULAM DISTRICT. 2 8. V V NAGESWARA RAO, S/O NOT KNOWN, A.I.T.A.M. COLLAGE OF THE DIRECTOR K.KOTTURU, TEKKALI, SRIKAKULAM DISTRICT. 9. VISHNUMURTHY, S/O NOT KNOWN, A.I.T.A.M. COLLAGE OF THE DEAN, K.KOTTURU, TEKKALI, SRIKAKULAM DISTRICT. 10. K B MADHU SAHU, S/O NOT KNOWN, A.I.T.A.M. COLLAGE OF THE PRINCIPAL, K.KOTTURU, TEKKALI, SRIKAKULAM DISTRICT. 11. JAYAMANMADA, S/O NOT KNOWN, A.I.T.A.M. COLLAGE OF THE CHIEF WARDEN, K.KOTTURU, TEKKALI, SRIKAKULAM DISTRICT. ...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 to to issue writ order or direction more particularly one in the nature of WRIT OF MANDAMUS by declaring the inaction of the respondents No. 2 to 4 in taking action on the complaint dated.03-09-2018 with respect of the respondents No.7 to 11, is being illegal, arbitrary, violations of Article 14 and 21 of the Constitution of India, besides violated of the Principles of the Natural Justices and consequently direct to the respondents No.1 to 4 to transfer the case vide FIR.No.113 of 2018 on the file of the Tekkali Police Station, Srikakulam District, dated. 03-08-2018, to in CBCID or any other independent investigation agency or any other responsible officer, interest of justice 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 pleased to direct the respondent No.2 to 4 to register the FIR against the respondents 7 to 11 on the basis of the complaint dated:03-9-2018, acknowledgement dated 03-09-2018 pending disposal of the writ petition and to pass Counsel for the Petitioner: 1. SURESH KUMAR ROUTHU Counsel for the Respondent(S): 1. GP FOR HOME (AP) 3 2. A RAVI SHANKAR The Court made the following: ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer: “….to issue writ order or direction more particularly one in the nature of WRIT OF MANDAMUS by declaring the inaction of the respondents No. 2 to 4 in taking action on the complaint dated.03-09-2018 with respect of the respondents No.7 to 11, is being illegal, arbitrary, violations of Article 14 and 21 of the Constitution of India, besides violated of the Principles of the Natural Justices and consequently direct to the respondents No.1 to 4 to transfer the case vide FIR.No.113 of 2018 on the file of the Tekkali Police Station, Srikakulam District, dated. 03-08-2018, to in CBCID or any other independent investigation agency or any other responsible officer, interest of justice and to pass.…” 2. Heard Sri Suresh Kumar Routhu, learned counsel for the petitioner and Sri V.Farook, learned Assistant Government Pleader for Home. 3. When the matter is taken up for hearing, the learned Assistant Government Pleader would submit that they have filed a final report with the following: “….It is submitted that after registering the case by the Tekkali Police Station, the Investigation was handed over to the Sub Divisional Police Officer, Kasibugga. During the course of investigation, he examined as many as 23 persons and recorded their statements, Apart from that he collected necessary material evidence i.e., call data of the mobile number of the deceased, SMS and WhatsApp messages and also collected RFSL Report in this case. Further, he obtained the Final Opinion in this case. As far as completion of investigation, at no point of time, the respondent police collected any crucial evidence or clues about the suicidal death of the son of the writ petitioner herein as murder. The entire investigation revealed through the support of statements of i Ws and medical evidence that the reason for the death of son of the writ petitioner herein is suicidal death. Finally, the Investigating Officer sent a requisition to the Joint Director of Prosecution. Srikakulam for issuance of Legal Opinion in this case and obtained the same as he opined that further action can be dropped in this case. 4 After completion of investigation, the investigating officer Dropped 30.12.2018 of the Superintendent of Police, Srikakulam and also filed further Action in this case vide C.No.5966/DCRB-C1/2018 dated Final report in the MEM Court. Tekkali along with the acknowledged copy of Notice to the complainant vide MC No.01/2019 crime conducted the entire investigation in clean and transparent It is further submitted that the Investigating Officer of the impugned manner, without ignoring any piece of evidence. Hence, the allegation leveled against the respondent police is incorrect and baseless. Hence, the same is hereby denied. It is respectfully submitted that this respondent did not commit any illegality or irregularity as alleged by the writ petitioner herein in conducting investigation and not initiating any action against the respondents 7 to 11 as there is no prima fascia case is proved against the respondents 7 to 11. The respondent police have great respect on the courts and its orders. This respondent will obey the orders if any passed by this Hon'ble Court in connection with the present writ petition….” 4. Learned Assistant Government Pleader would further submit that after issuing notice to the petitioner, that they have file final report before the Court. 5. Learned counsel for the petitioner would further submit that the petition may be disposed of, giving liberty to the petitioner to work out his remedy according to law. 6. In the light of the submissions made, this Writ Petition is disposed of. However the petitioner is at liberty to work out his remedy before the appropriate forum, according to law. 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 5 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA 110 WRIT PETITION NO: 39188/2018 Dt.17.07.2025 MH