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2025 DAILYLAW 39337 (AP)

HARI DIWAKARAN v. The State of Andhra Pradesh

WP/42177/2018 · 2025-07-22

Venkata Jyothirmai Pratapa

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Judgment text

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1 APHC010873762018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] WEDNESDAY,THE TWENTY THIRD DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 42177/2018 Between: 1. HARI DIWAKARAN, HINDU, MALE, AGED 57 YEARS, CORRESPONDENT, AKSHARA ENGLISH MEDIUM SCHOOL, TANUKU. WEST GODAVARI DISTRICT. 2. SAJINI VARGHESE,, D/O. VARGHESE VARGHESE, AGED 27 YEARS, FEMALE, OCC CAMPUS INCHARGE OF AKSHARA (E.M) PRIMARY SCHOOL, OPP HEAD POST OFFICE, TANUKU, WEST GODAVAL I DIST. A.P. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, A.P. SECRETARIAT, AMARAVATHI, VELAGAPUDI. GUNTUR DISTRICT. A P. 2. THE DIRECTOR GENERAL OF POLICE, ANDHRA PRADESH, A.P.S.P. BATTALION, MANGALAGIRI, GUNTUR DISTRICT. A.P. 3. THE SUPERINTENDENT OF POLICE, ELURU. WEST GODAVARI DISTRICT. 4. THE DEPUTY SUPERINTENDENT OF POLICE, KOWUR DIVISION, KOVVUR. WEST GODAVARI DISTRICT. A.P. 5. THE DEPUTY INSPECTOR OF POLICE, ELURU RANGE, ELURU. WEST GODAVARI DISTRICT. A.P. 6. ADINARAYANA, SUB-INSPECTOR OF POLICE, TANUKU POLICE 2 STATION, TANUKU. WEST GODAVARI DISTRICT. A.P. 7. APPALASWAMY, THE CIRCLE INSPECTOR OF POLICE, TANUKU TOWN POLICE STATION, TANUKU. WEST GODAVARI DISTRICT. 8. A RAMA KRISHNA, S/O. CHAKRADHAR RAO, TANUKU. WEST GODAVARI DISTRICT. A.P 9. A RADHA KRISHNA M L A, S/O. CHARADHAR RAO, TANUKU. WEST GODAVARI DISTRICT. A.P. ...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 issue a Writ, order or direction more particularly in the nature of Writ Mandamus declaring the action of the Respondents in not transferring the Investigation in our School cases (i.e.,F.I.R.No.112/2016 dated 7-5-2016 (2) F.I.R.No.234/2018 dated 8-9-2018 and Police complaint dated19-4-2018 on the file of 6th Respondent Police station to C.B.C.I.D. as arbitrary, illegal and violation of Articles 14 and 21 of the Constitution of India and consequently to direct the Respondents No.1 and 2 to transfer the Investigation, of our school cases in (i.e., F.I.R.No.112/2016 dated 7-5- 2016 (2) F.I.R.No.234/2018 dated 8-9-2018 aid Police Complaint dated 19-4-2018 of 2nd Petitioner) on the file of 6th respondents police station to C.B.C.I.D. 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 respondents No.1 & 2 to consider the petitioner's representations dated:3-10-2018 and to transfer our school cases(i.e. F.I.R.No.112/2016 dated:7-5-2016 (2) F.I.R.No.234/2018 dated:8-9-2018 and Police complaint dated:19-4-2018 of 2nd Petitioner) from 6th Respondents Police station to C.B.C.I.D. pending disposal of the above writ petition and to pass Counsel for the Petitioner(S): 1. P N MURTHY Counsel for the Respondent(S): 1. GP FOR HOME (AP) 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 41357/2018 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 in the nature of Writ Mandamus declaring the action of the Respondents in not transferring the Investigation in our School cases (i.e.,F.I.R.No.112/2016 dated 7-5-2016 (2) F.I.R.No.234/2018 dated 8-9-2018 and Police complaint dated19-4-2018 on the file of 6th Respondent Police station to C.B.C.I.D. as arbitrary, illegal and violation of Articles 14 and 21 of the Constitution of India and consequently to direct the Respondents No.1 and 2 to transfer the Investigation, of our school cases in (i.e., F.I.R.No.112/2016 dated 7- 5- 2016 (2) F.I.R.No.234/2018 dated 8-9-2018 aid Police Complaint dated 19-4-2018 of 2nd Petitioner) on the file of 6th respondents police station to C.B.C.I.D. and to pass…” 2. When the matter is taken up for hearing, Sri Md.Farooq, learned Assistant Government Pleader for Home would submit that the petition may be disposed of, as the case was closed as undetectable. 3. Sri P.N.Murthy, learned counsel for the petitioners would submit that recording the same, the petition may be disposed of. 4. Recording the same, the Writ Petition is disposed of. No order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 23.07.2025 UPS 4 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.42177 of 2018 Dated.23.07.2025 UPS 116