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High Court of Andhra Pradesh · body

2025 DAILYLAW 41397 (AP)

M SUDAKAR CHOWDARI v. THE STATE OF ANDHRA PRADESH

WP/29533/2025 · 2025-10-28

Venkata Jyothirmai Pratapa

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

\- APHC010570322025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE TWENTY NINETH DAY OF OC TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 29533 OF 2025 Between: M. Sudakar Chowdari, S/o. Late M. Chinna Swami Naidu, Aged 75 years, Ashok Apartment, Pedakapu Retd. Employee, R/o. Plot.No.301-B Layout, Tirupati Town and District. Occ: ...Petitioner AND 1. The State of Andhra Pradesh, Rep.by its principal Secretary to Government, Home Department, Secretariat, Velagapudi, Amaravati, Guntur District. 2. The Director General of Police, Government of Andhra Pradesh, Mangalagiri, Guntur District. 3. The Superintendent of Police, Tirupati District at Tirupati. 4. The Station House Officer, Tirchanur Police Station at Tirchanur, Tirupati District. ...Respondents Petition under Article 226 of the Constitution of India is filed 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 a WRIT OF MANDAMUS declaring the action of Respondents, more particularly 4*^ Respondent in not investigating, not filing Final Report/ Charge Sheet in Crime FIR No. 511 of 2022, dated 23.10.2022 registered against the accused therein under Sections 447, 427, 506 r/w 34 of Indian Penal Code (in short IPC), 1860 on the file of 4**^ Respondent Police Station, as illegal, irregular and amounts to non-discharge of legal obligation conferred on them under the provisions of Criminal Procedural Code (Cr.P.C), 1973/ Bharatiya Nagarika Suraksha Sanhitha (BNSS), 2023 and offends Articles 14, 21 and 300-A of the Constitution of India and consequently direct the Respondents particularly 4'*^ Respondent to forthwith conduct fair and impartial investigation into the said crime and to file the Final Report/Charge Sheet before the competent Court in accordance with law. lA NO: 1 OF 2025 Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the 4‘^ Respondent to forthwith conduct fair and impartial investigation into the Crime/ FIR No. 511 of 2022, dated 23.10.2022 registered against the accused therein under Sections 447, 427, 506 r/w 34 of Indian Penal Code (in short IPC) Respondent Police Station in accordance with law. 1860 on the file of 4th Counsel for the Petitioner: SRI PALA KARTHI KIRAN Counsel for the Respondents: SRI V. FAROOQ, ASST.GP FOR HOME The Court made the following order: APHC010570322025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 050 01^4 [3396] WEDNESDAY, THE TWENTY NINETH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 29533/2025 Between: 1.M SUDAKAR CHOWDARI, S/0. LATE M. CHINNA SWAMI NAIDU, AGED 75 YEARS, OCC RETD. EMPLOYEE, R/0. PLOT.NO.301-B, ASHOK APARTMENT, PEDAKAPU LAYOUT, TIRUPATI TOWN AND DISTRICT. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2.THE DIRECTOR GENERAL OF POLICE, GOVERNMENT OF ANDHRA PRADESH, MANGALAGIRI, GUNTUR DISTRICT. 3.THE SUPERINTENDENT OF POLICE, TIRUPATI DISTRICT AT TIRUPATI. 4.THE STATION HOUSE OFFICER, TIRCHANUR POLICE STATION AT TIRCHANUR, TIRUPATI 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 a writ order or direction more particularly one in the nature a WRIT OF particularly 4th Charge Sheet in Crime FIR No. 511 of 2022, dated 23.10.2022 registered MANDAMUS declaring the action of Respondents, more Respondent in not investigating, not filing Final Report/ T Penal C c.:;” IPcf186o" on f as Illegal, ZlZ Z "1"““' (cTpc7,r73rB: cnnnlnal pSu:a consepuently d.ec, ,he L:;nde„,s particle,V -- conduct fair and impartial investiqation into th ^ a forthwith Hepo.Cha,e Sheet hetone the ccpeten.'^L": lA NO: 1 OF 2C\7R A Code \ \ and and and in the^ffid'itTed in'^stpoh Of th"" stated into the Crime/ FIR No. 511 012022! d'ated 23Vo 2022 investigation accused therein under Sections 447 427 506 r/w 34 of against the Short IPC) 1860 on thP fii^ nf d ’ ^ Code with law; and pass espondent Police Station in accordance Counsel for the Petitioner: 1.PALAKARTHIKIRAN Counsel for the Respondent(S): 1-GP FOR HOME (in 3 the honourable dr justice VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 29533 of 2025 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “...to issue a writ order or direction more particularly one in fhe nature a WRIT OF MANDAMUS declaring the action of fiespondents, more particularly 4th investigating, not filing Final Report/ Charge Sheet in Crime FIR f\lo. 511 of 2022, dated 23.10.2022 registered against the accused therein under Sections 447, 427, 506 r/w 34 of Indian Penal Code (in short IRC), 1860 on the file of 4th Respondent Police Station, as illegal, irregular and amounts to non discharge of legal obligation conferred on them under the provisions of Criminal Procedural Code (Cr.P.C), 1973/ Bharatiya Nagarika Suraksha Sanhitha (BNSS), 2023 and offends Articles 14, 21 and 300-A of the Constitution of India and consequently direct the Respondents particularly 4 Respondent to forthwith conduct fair and impartial investigation into the said crime and to file the Final Report/Charge Sheet before the competent Court in accordance with law and pass....” Respondent in not i 1 th Heard Sri Pala Karthi Kiran, learned counsel for the petitioner and Sri 2. V.Farooq, learned Assistant Government Pleader for Home for the respondents. Learned counsel for the petitioner would submit that though the crime has been registered in the year 2022 vide FIR No. 511 of 2022, dated 23.10.2022, there is no progress in the investigation till date. He would further submit that let there be a direction to the respondent-police to conclude the investigation as expeditiously as possible. 3. T 4- Learned Assistant Government instructions in this matter. Pleader for Home seeks time for getting 5. Considering the submissions However, the made, this Writ Petition iIS disposed of. respondent-police are directed file a report according to law as to conclude the investigation and expeditiously as possible preferably within a copy of this Order, if not period of three (3) months from already concluded. There shall the date of receipt of be no order as to costs As a sequel thereto, mimiscellaneous petitions pending if any. shall stand closed. Sd/;B. CHITTI JOSEPH DEPUTY registrar //TRUE COPY// ^To, SECTION OFFICER Andhra Pradesh, Secretariat, Velagapudi ' 2. The D,rector Genera, of Police, District. Home Department State of '■ ^"’a'-avati, Guntur District. Government Mangalagiri, Guntur 3- The Superintendent 4. The Station of Andhra Pradesh of Police, Tirupati District House Officer, at Tirupati. station at Tirchanur Tirchanur Pofice Tirupati District. 6- SiSs'l gpTh"'’" 2- Two CD Copies a Pradesh [OUT] Cnr \ \ . \ / \ \ HIGH COURT \ DATED:29/10/2025 ORDER WP NO. 29533 OF 2025 DISPOSING OF THE W P WITHOUT COSTS • •