APHC010163442019 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3368] THURSDAY, THE TWENTIETH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI WRIT PETITION NO: 7073/2019 Between: 1. MULLAPUDI SRI HARSHA, S/O. SATYANARAYANA, AGED 33 YEARS. OCC CULTIVATION, R/O. REDDY GANAPAVARAM VILLAGE, BUNAIGUDEM MANDAL, WEST GODAVARI DISTRICT. ...PETITIONER AND 1. STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, HOME DEPARTMEN, SECRETARIAT. VELAGAPUDI. AMARAVATI, GUNTUR DISTRICT. 2. SUPERINTENDENT OF POLICE, ELURU. WEST GODAVARI DISTRICT. 3. STATION HOUSE OFFICER, BUTTAIGUDEM POLICE STATION, BUTTAIGUDEM MANDAL, WEST GODAVARI DISTRICT. 4. GADDE MURALI KRISHNA, S/ O. SETHA RAMA CHANDRA. AGED 58 YEARS. OCC CULTIVATION. R/O. BUTTAIGUDEM. BUTTAIGUDEM MANDAL, WEST GODAVARI DISTRICT. 5. GADDE NARASIMHARAO, S/O.DUGGIRAJU, AGED 51 YEARS, RIO. REDDIGANAPAVARAM VILLAGE, BUTTAIGUDEM MANDAL. WEST GODAVARI DISTRICT. 2 6. KANDULA VENKATARAO, S/O.BHIMANNA. AGED 61 YEARS. R/O. BUTTAIGUDEM. BUTTAIGUDCM MANDAL. WEST GODAVARI DISTRICT. 7. LINGARAJU SRINIVAS, LINGARAJU S/O. NOT KNOWN, R/O. BUTTAIGUDEM, BUTTAIGUDEM 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 a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of Respondents 2 to 3 in not taking up active investigation in FIR No 133/2016 Registered against Respondents 4 to 7 for the offences punishable under Sections 465. 468. 471 and 34 of 1PC on the file of 3rd Respondent by arresting the accused persons for the offences committed by them, and in not taking any action against Respondents 5 to 7 who are the main culprits in the crime in issue as illegal, irregular. and amounts to non-discharge of legal obligation conferred under the provisions of Code of Criminal Procedure. 1973 and violative of Article 14 of Constitution of India and consequently direct the Respondents 2 and 3 to complete the investigation and file Charge Sheet against the respondents 4 to 7 in the said crimes expeditiously and pass IA NO: 1 OF 2019 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 ale respondents 2 and 3 to complete the investigation in FIR No: 133/2016 Registered against Respondents 4 to 7 for the offences punishable under Sections 465, 468. 471 and 34 of 1PC by arresting the accused persons for the offences committed by them, expeditiously pending disposal of main Writ Petition and pass Counsel for the Petitioner: 1. NIMMAGADDA REVATHI Counsel for the Respondent(S): 1. GP FOR HOME (AP) The Court made the following: 3 THE HONOURABLE SRI JUSTICE B.V.L.N.CHAKRAVARTHI WRIT PETITION No.7073 OF 2019 ORDER: This Writ Petition is filed under Article 226 of the Constitution of India for the following relief: “….to issue writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of Respondents 2 to 3 in not taking up active investigation in FIR No 133/2016 Registered against Respondents 4 to 7 for the offences punishable under Sections 465. 468. 471 and 34 of 1PC on the file of 3rd Respondent by arresting the accused persons for the offences committed by them, and in not taking any action against Respondents 5 to 7 who are the main culprits in the crime in issue as illegal, irregular and amounts to non-discharge of legal obligation conferred under the provisions of Code of Criminal Procedure. 1973 and violative of Article 14 of Constitution of India and consequently direct the Respondents 2 and 3 to complete the investigation and file Charge Sheet against the respondents 4 to 7 in the said crimes expeditiously and pass…” 2. Learned counsel representing Smt.Nimmagadda Revathi, learned counsel for the petitioner is in attendance. 3. Sri R.Mallikarjuna Rao, learned Assistant Government Pleader for Home on earlier occasion would submit that police completed investigation in F.I.R.No.133 of 2016 of Buttaigudem Police Station, West Godavari District, and referred the case as ‘lack of evidence’ and filed final report before the concerned Magistrate. 4. Learned counsel for the petitioner would submit that the petitioner is not coming forward to prosecute the petition. 5. Considering the above facts and circumstances, the writ petition is disposed of giving liberty to the writ petitioner to approach the concerned Magistrate for filing necessary objections, if any, on the 4 final report filed by the police, in accordance with law. There shall be no order as to costs. As a sequel thereto, interlocutory applications, if any, pending in this Writ Petition shall stand closed. ______________________________ JUSTICE B.V.L.N. CHAKRAVARTHI 20.11.2025 Pmk 5 12 THE HONOURABLE SRI JUSTICE B.V.L.N. CHAKRAVARTHI WRIT PETITION No:7073 OF 2019 Date: 20.11.2025 Pmk