APHC010605952022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] FRIDAY,THE SEVENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION No. 36434/2022 Between: 1. PULAGAM SURESH, S/O.RAMA KRISHNA, AGED ABOUT 30 YEARS, R/O ANAKODERU VILLAGE, BHEEMAVARAM MANDAL, WEST GODAVARI DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY HOME DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, MANGALAGIRI, GUNTUR DISTRICT, ANDHRA PRADESH STATE. 3. THE SUPERINTENDENT OF POLICE, WEST GODAVARI, WEST GODAVARI DISTRICT. 4. THE STATION HOUSE OFFICER, BHEEMAVARAM RURAL POLICE STATION, BHEEMAVARAM MANDAL, WEST GODAVARI DISTRICT. 5. KANDULA VEERAIAH, S/O.DESAIAH, AGED ABOUT 36 YEARS, R/O ANAKODERU VILLAGE, BHEEMAVARAM MANDAL, WEST GODAVARI DISTRICT. 6. KUDIMSLI PALLA RAO PALLALU, S/O PULLAIAH. AGED ABOUT 25 YEARS, RIO EEKAMPUDI, 11/O ANAKODERU VILLAGE, BHEEMAVARAM MANDAL. WEST GODAVARI DISTRICT. 7. KAILA GANGAJALAM, S/O SATYANARAYANA, AGED ABOUT 31 YEARS, R/O ANAKODERU VILLAGE, BHEEMAVARAM MANDAL, WEST GODAVARI DISTRICT. 8. KANDULA JISTNU, S/O VEERAIAH, AGED ABOUT 23 YEARS, RIO ANAKODERU VILLAGE, BHEEMAVARAM MANDAL, WEST GODAVARI DISTRICT. 9. JUTHIGA SAHA DEVUDU, S/O LATE GANGAJALAM, AGED ABOUT 45 YEARS, R/O ANAKODERU VILLAGE, BHEEMAVARAM MANDAL, WEST GODAVARI DISTRICT. 10. KUDIPUDI PULLAIAH, S/O PALLALU, AGED ABOUT 45 YEARS, 2 R/O ANAKODERU VILLAGE, BHEEMAVARAM MANDAL, WEST GODAVARI 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 issue an appropriate writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondent Nos.2 to 4 for not detecting /trace-out the dead body of Pulagam Lakshmi Venu Gopal in connection with Crime No.199 of 2021, dated 5.6.2021 of the 3rd respondent Police and not fix up the real culprits in the above crime and made arrest the respondent Nos.5 to 7 for eye wash and not enquire or conduct the investigation in regard involvement of respondent Nos.8 to 10 in the offence under section 302, 201 r/w 34 of IPC is illegal, arbitrary, unconstitutional, contrary to section 173 (8) of Criminal Procedure Code and consequently. direct the respondents to entrust the investigation to the CBCID and to pass IA NO: 1 OF 2022 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 to entrust the investigation to the CBCID pending disposal of the main Writ petition and pass Counsel for the Petitioner: 1. TATA SINGAIAH GOUD Counsel for the Respondent(S): 1. GP FOR HOME 3 The Court made the following: ORDER: The instant Writ Petition is filed by the Petitioner seeking indulgence of this Court under Article 226 of the Constitution of India for the following relief: “.... to issue an appropriate writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondent Nos.2 to 4 for not detecting /trace-out the dead body of Pulagam Lakshmi Venu Gopal in connection with Crime No.199 of 2021, dated 5.6.2021 of the 3rd respondent Police and not fix up the real culprits in the above crime and made arrest the respondent Nos.5 to 7 for eye wash and not enquire or conduct the investigation in regard involvement of respondent Nos.8 to 10 in the offence under section 302, 201 r/w 34 of IPC is illegal, arbitrary, unconstitutional, contrary to section 173 (8) of Criminal Procedure Code and consequently, direct the respondents to entrust the investigation to the CBCID and to pass ...” Heard Sri Tata Singaiah Goud, learned counsel for the Petitioner and Sri V.Farooq, learned Assistant Government Pleader for Home appearing for respondent Police. Perused the material on record. Learned counsel for the Petitioner would submit that though crime is registered regarding the death of the brother of the Petitioner, respondent Police could not trace out the body of the deceased till date and requested to transfer investigation to CBCID. Learned Assistant Government Pleader for Home placed on record the written instructions and would submit that in the light of the representation made by the Petitioner, the investigation is now entrusted to SDPO, who is the higher rank. In that view, this Writ Petition is disposed of. Investigating Officer/SDPO is directed to look into the grievance of the Petitioner and take appropriate steps 4 to find out the body of the deceased. Petitioner is at liberty to approach the Investigating Officer to furnish any information regarding the subject crime and assist the investiwgating agency. No order as to costs. Pending applications, if any, shall stand closed. DR.JUSTICE VENKATA JYOTHIRMAI PRATAPA Mjl/* 5 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA Writ Petition No. 36434 38593 of 2022 07.11.2025 Mjl /*