APHC010260732024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] WEDNESDAY, THE THIRD DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 12942/2024 Between: 1. VELIDI SRINIVAS, S/O. SREE RAMULU, AGED 46 YEARS, OCC AGRICULTURE, R/O. HIGH SCHOOL ROAD MOGALTHURU VILLAGE AND MANDAL, WEST GODAVARI DISTRICT. 2. VELIDI BALAJI,, S/O. SATYANARAYANA, AGED 37 YEARS OCC AGRICULTURE, R/O. D.NO. 3-91, HIGH SCHOOL ROAD, MOGALTHURU VILLAGE AND MANDAL, WEST GODAVARI DISTRICT. 3. VELIDI APPARAO,, S/O. VEERASWAMY, AGED 37 YEARS, OCC AGRICULTURE, R/O. D.NO. 4-72, MUKKU VARI STREET, MOGALTHURU VILLAGE AND MANDAL, WEST GODAVARI DISTRICT. 4. VELIDI MALLIBABU,, S/O. LAKSHMI NARAYANA, AGED 29 YEARS OCC MASON, R/O. NEAR SIVALAYAM, MOGALTHURU VILLAGE AND MANDAL, WEST GODAVARI DISTRICT. 5. VELIDI RAJESH,, S/O. NAGESWARA RAO, AGED 28 YEARS, OCC AGRICULTURE, R/O. MUKKU VARI STREET, MOGALTHURU VILLAGE AND MANDAL, WEST GODAVARI DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF AP, REPRESENTED BY ITS PRINCIPAL SECRETARY HOME DEPARTMENT, SECRETARIAT, AMARAVATI. 2 2. THE DIRECTOR GENERAL OF POLICE, ANDHRA PRADESH, MANGALAGIRI, GUNTUR DISTRICT. 3. THE SUPERINTENDENT OF POLICE, WEST GODAVARI DISTRICT, BHIMAVARAM. 4. THE DEPUTY SUPERINTENDENT OF POLICE, NARASAPURAM, WEST GODAVARI DISTRICT. 5. THE INSPECTOR OF POLICE, NARASAPURAM RURAL CIRCLE POLICE STATION, NARASAPURAM, WEST GODAVARI DISTRICT 6. THE SUBINSPECTOR OF POLICE, MOGATHURU POLICE STATION, MOGALTHURU, WEST GODAVARI DISTRICT. 7. THE DEPUTY SUPERINTENDENT OF POLICE, NARASARAOPETA DIVISION, NARASARAOPETA, PALNADU DISTRICT. 8. MEKA SUDHAKAR, S/O. NOT KNOWN TO THE PETITIONER, OCC DEPUTY SUPERINTENDENT OF POLICE, NARASARAOPETA DIVISION, NARASARAOPETA, PALNADU DISTRICT. 9. GOVINDA RAJU, S/O NOT KNOWN TO THE PETITIONER, AGED MAJOR, OCC INSPECTOR OF POLICE, NARASAPURAM RURAL CIRCLE POLICE STATION, NARASAPURAM, WEST GODAVARI DISTRICT. 10. MUNAGALA RAMA RAO, S/O. M. RAMA KRISHNA, AGED 35 YEARS OCC BUSINESS, R/O. D.NO. 1-30, PULAPARTHI VARI THOTA, RAMANNAPALEM VILLAGE,MOGALTHURU MANDAL, WEST GODAVARI DISTRICT. 11. MUNAGALA SRINIVASA RAO, S/O. M. RAMA KRISHNA, AGED 38 YEARS, OCC BUSINESS, R/O. D.NO. 1-30, PULAPARTHI VARI THOTA, RAMANNAPALEM VILLAGE, MOGALTHURU MANDAL, WEST GODAVARI DISTRICT. 12. MUNAGALA RAMA KRISHNA, S/O M.RAMA RAO AGED 60 YEARS, OCC AGRICULTURE, R/O. D.NO. 1-30, PULAPARTHI VARI THOTA, RAMANNAPALEM VILLAGE, MOGALTHURU MANDAL, WEST GODAVARI DISTRICT. ...RESPONDENT(S): 3 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 (1) Declaring the action of the Respondent Police in not registering the Complaint dated 08/06/2024 sent through Whatsapp from Petitioners Mobile No. 9959933905 and in Writing by the Complainants on 08/06/2024 and 10/06/2024 for the offences committed under Sections 302 IPC, R/w Section 120-B of the Indian Penal Code by the Respondent Nos. 10 to 12 and Others and in not following the procedure under the Criminal Procedure Code, 1973 (Cr.PC) as illegal, arbitrary and violative of Articles 14,19 and 21 of the Constitution of India and in not investigation the crime by following the procedure under the Criminal Procedure Code, 1973 as illegal, arbitrary, violative of Articles 14,19 and 21 of the Constitution of India and consequently direct the Respondent District Police Officer to forthwith register the FIR (Crime) and conduct investigation and file final report under Section 173 of the Criminal Procedure Code, 1973 (2) Directing the Third Respondent to initiate disciplinary action under the relevant service law against the Respondent Nos.5 and 6 for delinquent of duties and in not following the guidelines laid down by the Honourable Supreme Court in the Judgment in Lalita Kumari Vs Government of Utter Pradesh (2014 (2) SCC and pass such other order or orders as this Honourable Court may deem fit and proper in the circumstances of the case. (3) Directing the Second Respondent to initiate disciplinary action under the relevant service law against the Respondent No.7 for his involvement of encouraging and protecting the culprits and also instigating the Respondents 5 and 6 to close the murder case and also instigating the Respondents 5 and 6 to harass and to register false criminal cases by conducting detailed enquiry with his Mobile Call data and pass IA NO: 1 OF 2024 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 please to direct the Third Respondent to forthwith register the FIR (Crime) and conduct investigation and file final report under Section 173 of the Criminal Procedure Code, 1973 on the Complaints dated 08/06/2024, sent through “Whatsapp” from Petitioner Mobile No. “ 9959933905 ” and in Writing by the Complainants on 08/06/2024 and 10/06/2024 or the offences committed under Sections 302 IPC, R/w Section 120-B of the Indian Penal Code by the Respondent Nos. 10 to 12 and Others and pass 4 Counsel for the Petitioner(S): 1. M R K CHAKRAVARTHY Counsel for the Respondent(S): 1. GP FOR HOME 5 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 12942 of 2024 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 (1) Declaring the action of the Respondent Police in not registering the Complaint dated 08/06/2024 sent through Whatsapp from Petitioners Mobile No.9959933905 and in Writing by the Complainants on 08/06/2024 and 10/06/2024 for the offences committed under Sections 302 IPC, r/w Section 120-B of the Indian Penal Code by the Respondent Nos. 10 to 12 and Others and in not following the procedure under the Criminal Procedure Code, 1973 (Cr.PC) as illegal, arbitrary and violative of Articles 14,19 and 21 of the Constitution of India and in not investigation the crime by following the procedure under the Criminal Procedure Code, 1973 as illegal, arbitrary, violative of Articles 14, 19 and 21 of the Constitution of India and consequently direct the Respondent District Police Officer to forthwith register the FIR (Crime) and conduct investigation and file final report under Section 173 of the Criminal Procedure Code, 1973 (2) Directing the Third Respondent to initiate disciplinary action under the relevant service law against the Respondent Nos.5 and 6 for delinquent of duties and in not following the guidelines laid down by the Honourable Supreme Court in the Judgment in Lalita Kumari Vs Government of Utter Pradesh (2014 (2) SCC and pass such other order or orders as this Honourable Court may deem fit and proper in the circumstances of the case. (3) Directing the Second Respondent to initiate disciplinary action under the relevant service law against the Respondent No.7 for his involvement of encouraging and protecting the culprits and also instigating the Respondents 5 and 6 to close the murder case and also instigating the Respondents 5 and 6 to harass and to register false criminal cases by conducting detailed enquiry with his Mobile Call data.…” 6 2. Heard Sri M.R.K.Chakravarthy, learned counsel for the petitioners and Sri V.Farook, learned Assistant Government Pleader for Home for the official respondents. 3. Learned counsel for the petitioners would submit that the brother of the petitioner No.1 by name Velidi Papaiah, went missing on 06.06.2024, on which the petitioners have made a missing complaint in the Mogalthuru police station and the same was registered. He would further submit that the very next day, the petitioner’s brother was found dead in a canal. The petitioners suspecting the role of the unofficial respondents in the death of the deceased lodged a complaint against them. But the police are not taking any action on the complaints made by the petitioners by colluding with the unofficial respondents. 4. Learned Assistant Government Pleader for Home, on written instructions, would submit that initially basing on the complaint of the wife of the deceased in this case, a crime has been registered in Cr.No.169 of 2024 U/h Man missing of Mogaltur Police Station. Basing on the subsequent complaint of the wife of the deceased, the section of law was altered from Man missing to 174 of Cr.P.C., (Suspicious death) on 08.06.2024 and the case is under investigation. 5. Considering the submissions, since the case is under investigation, this Writ Petition is disposed of directing the Superintendent of Police to entrust the Sub-Divisional Police Officer concerned to monitor this investigation and 7 finalize the case before filing a report in this matter. 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: 03.12.2025. UPS 8 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.12942 of 2024 Dated.03.12.2025 UPS 329