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2025 DAILYLAW 42218 (AP)

S.Basava Rajasekar v. The State of Andhra Pradesh

WP/20775/2021 · 2025-10-28

Venkata Jyothirmai Pratapa

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010344072021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY,THE TWENTY NINETH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 20775 OF 2021 Between: 1. S.BasavaRajasekar, @ Basavaraj S/o S.G. Nagamallappa Aged about 40yrs, OccPvt. Employee R/o H.No.16/2, Maddikera village and mandal Kurnool District ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary Home Department Secretariat, VelagapudiAmaravathi, Guntur District 2. The Superintendent of Police, Kurnool, Kurnool District 3. The Deputy Superintendent of Police, Adoni, Kurnool District 4. The Inspector of Police, Pattikonda Rural Police Station Pattikonda, Kurnool District 5. The Station House Officer, Maddikera police station, Maddikera (V and M), Kurnool District 6. G Suguna Devi, W/o Veerabhadrappa Aged about 45yrs R/o MaddammaBaviVeedhiMaddikera village and mandal Kurnool District ...Respondents 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 topleased to issue a writ, order or direction more particularly one in the nature of writ of Mandamus to declare the delay and inaction on the part of respondent Nos.2 to 5 in conducting the investigation for the offence under Sec.302 IPC even inspite of the circumstances reveals suspicious of committing murder of the missing person named Hampaiah by the 6th respondent and others as arbitrary and illegal and consequently direct the respondent Nos.2 to 5 to conduct the scientific investigation in FIR No.46/2021 on the file of 5th respondent police station in accordance with law for eliciting the truth about the suspicious circumstances which reveals the commission of the murder of Hampaiall by the respondent Nos.6 and others forthwith and file the charge sheet in accordance with law and pass IA NO: 1 OF 2021 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 pleased to direct the respondent Nos. 2 to 5 to conduct the scientific investigation in FIR No.46/2021 on the file of 5th respondent Police station about suspicious circumstances which reveals the commission of the murder of missing person named Hampaiah pending disposal of the Writ petition and pass such other order or orders as this Hon'ble court deems fit and proper in the circumstances of the case Counsel for the Petitioner: K RATHANGA PANI REDDY Counsel for the Respondents: GP FOR HOME The Court made the following order: THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 20775 OF 2021 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 writ of Mandamus to declare the delay and inaction on the part of respondent Nos.2 to 5 in conducting the investigation for the offence under Sec.302 IPC even inspite of the circumstances reveals suspicious of committing murder of the missing person named Hampaiah by the 6th respondent and others as arbitrary and illegal and consequently direct the respondent Nos.2 to 5 to conduct the scientific investigation in FIR No.46/2021 on the file of 5th respondent police station in accordance with law for eliciting the truth about the suspicious circumstances which reveals the commission of the murder of Hampaiall by the respondent Nos.6 and others forthwith and file the charge sheet in accordance with law and pass…” 2. Heard Sri B.Sarvotham Reddy, learned counsel for the petitioner and Sri V.Farooq, learned Assistant Government Pleader for Home. 3. Learned Assistant Government Pleader for Home would submit that the investigation in this case is still pending in this matter. 4. Learned counsel for the petitioner would submit that let there be a direction to the police to conclude the investigation in a fair manner and file a report according to the law. 5. Considering the submissions, the writ petition is disposed of. However, the police are directed to conclude the investigation and file a report in accordance with law as expeditiously as possible, preferably within a period of three months from the date of receipt of a copy of this order. The police shall also take into consideration the information furnished by the petitioner and examine the case in accordance with law. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed. ________________________________________ Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA Dated 29.10.2025 KKV THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA 53 WRIT PETITION NO: 20775 OF 2021 Dated 29.10.2025 KKV HIGH COURT OF ANDHRA PRADESH:: AMARAVATI MAIN CASE NO.: W.P.No.20775 of 2021 PROCEEDING SHEET Sl. No. Date ORDER OFFICE NOTE 1 29.10.2025 Dr.VJP,J The Writ Petition is disposed of. (Vide separate order) ________ Dr.VJP, J KKV