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2025 DAILYLAW 39207 (AP)

Pasupulati Sujatha v. The State of Andhra Pradesh,

WP/40642/2018 · 2025-07-20

Venkata Jyothirmai Pratapa

body2025

Judgment text

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APHC010842352018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] MONDAY,THE TWENTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 40642/2018 Between: 1. PASUPULATI SUJATHA, W/O LATE BRAHMAIAH, AGED 30 YEARS, OCC. HOUSEHOLD, RIO ANUMANCHIPALLI VILLAGE, JEGGAYAPET MANDAL, KRISHNA DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT. VELAGAPUDI SECRETARIAT, AMARAVATHI, GUNTUR DISTRICT, ANDHRA PRADESH. 2. THE SUPERINTENDED POLICE, KRISHNA DISTRICT. 3. THE STATION HOUSE OFFICER/INVESTIGATION OFFICER, CHILLAKALLU POLICE STATION, KRISHNA DISTRICT. 4. SK NAGUL MEERA, S/O KHAJA, AGED ABOUT 30 YEARS, OCC. CULTIVATION, R/O ANUMANCHIPALLI VILLAGE, JAGGAYAPET MANDAL, KRISHNA DISTRICT. 5. KONGARA KOTESWARA RAO KOTAYYA, S/O KRISHNA MURTHY, AGED ABOUT 48 YEARS, OCC. CULTIVATION, R/O ANUMANCHILALLI VILLAGE, JAGGAYAPET MANDAL, KRISHNA 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 2 pleased to to issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents in intentionally and wantonly not filing the final report in FIR. No. 154 of 2018 dated 30.06.2018 registered for the offences punishable under sections 302 r/w 109 of I.P.C.without any valid cause/reasons and thereby paving way for the release of accused/respondent no. 4 and 5 under section 167 (2) of Cr.P.C.as being illegal, arbitrary, unconstitutional, colourable exercise of power, abdication of duty cast on them and violative of Articles 14, 19 and 21 of the Constitution of India and consequently to order for a Judicial enquiry into the entire episode of not filing the final report in a heinous offence of this nature in the interest of justice 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 order for a Judicial enquiry into the entire episode of not filing the final report in a heinous offence of murder registered in FIR No. 154/2018 without any valid reason or cause in the interest of justice, pending disposal of the above writ petition and pass Counsel for the Petitioner: 1. P SHASHI KIRAN 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 the action of the respondents in intentionally and wantonly not filing the final report in FIR. No. 154 of 2018 dated 30.06.2018 registered for the offences punishable under sections 302 r/w 109 of I.P.C.without any valid cause/reasons and thereby paving way for the release of accused/respondent no. 4 and 5 under section 167 (2) of Cr.P.C.as being illegal, arbitrary, unconstitutional, colourable exercise of power, abdication of duty cast on them and violative of Articles 14, 19 and 21 of the Constitution of India and consequently to order for a Judicial enquiry into the entire episode of not filing the final report in a heinous offence of this nature in the interest of justice and pass.…” 2. Heard Sri P.Shashi Kiran, learned counsel for the petitioner and Sri V.Farook, learned Assistant Government Pleader for Home. 3. Learned counsel for the petitioner would submit that the police are not filing the final report in FIR No.154 of 2018 dated 30.06.2018 registered for the offences punishable under Section 302 r/w 109 IPC. 4. Learned Assistant Government Pleader, on written instructions, would submit that the police have filed a charge sheet in this matter, and the matter is coming up for trial, and the schedule is also fixed for the trial before the trial Court 5. Learned counsel for the petitioner would submit that recording the same, the writ petition may be disposed of. 4 6. Recording the submission of learned Assistant Government Pleader, this writ petition is disposed of. 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: 21.07.2025 MH 5 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA 104 WRIT PETITION NO: 40642/2018 Dt.21.07.2025 MH