1 APHC010939522018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] FRIDAY, THE TWENTY FIFTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 45350/2018 Between: 1. PELLURU BHAGYA LAKSHMI,, W/O LATE MALLIKARJUN, AGED ABOUT 36 YEARS, R/O MUTHUKURU VILLAGE 8S MANDAL, SPSR NELLORE DISTRICT. ...PETITIONER AND 1. STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT BUILDINGS, AT HYDERABAD. 2. THE COMMISSIONER OF POLICE, VIJAYAWADA. 3. THE STATION HOUSE OFFICER, SURYARAOPET POLICE STATION, VIJAYAWADA CITY. ...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 one in the nature of mandamus declaring the action of the 3rd respondent in not filing charge sheet in connection with FIR.No.255 of 2018, dated 20.7.2018 even after lapse of four months as illegal, arbitrary, violative of Article 14 and 21 of the Constitution of India besides the provisions of Code of Criminal Procedure and consequently direct the 3rd respondent to file charge sheet in the said FIR and pass IA NO: 1 OF 2018 2 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 3rd respondent to file charge sheet in connection with FIR.No.255 of 2018 dated 20.7.2018, pending disposal of the writ petition and pass Counsel for the Petitioner: 1. T V RAMESH Counsel for the Respondent(S): 1. GP FOR HOME (AP) 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 45350/2018 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 one in the nature of mandamus declaring the action of the 3rd respondent in not filing charge sheet in connection with FIR.No.255 of 2018, dated 20.7.2018 even after lapse of four months as illegal, arbitrary, violative of Article 14 and 21 of the Constitution of India besides the provisions of Code of Criminal Procedure and consequently direct the 3rd respondent to file charge sheet in the said FIR and pass…” 2. None represented for the petitioners. 3. When the matter is taken up for hearing, Sri Md.Farooq, learned Assistant Government Pleader for Home would submit that the case in FIR No.255 of 2018 is referred as “mistake of fact” and recording the same, the petition may be disposed of. 4. Recording the said submisssion, 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: 25.07.2025 UPS 4 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.45350 of 2018 Dated.25.07.2025 UPS 219