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2025 DAILYLAW 43708 (AP)

Ganugapenta Sreenivasulu @ Bangaru Seenaiah v. The State of Andhra Pradesh

WP/6606/2025 · 2025-08-11

Venkata Jyothirmai Pratapa

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 APHC010123002025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY, THE TWELFTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 6606/2025 Between: 1. GANUGAPENTA SREENIVASULU @ BANGARU SEENAIAH, S/O, LATE NARASIMHULU, AGED ABOUT 54 YEARS, R/O. NGO COLONY, BADVEL TOWN, YSR (KADAPA) DISTRICT ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF HOME, SECRETARIAT, VELGAPUDI, AMRAVATHI, GUNTUR DISTRICT, ANDHRA PRADESH 2. THE SUPERINTENDENT OF POLICE, YSR (KADAPA) DISTRICT, ANDHRA PRADESH 3. THE DEPUTY SUPERINTENDENT OF POLICE, , MYDUKUR, YSR (KADAPA) DISTRICT, ANDHRA PRADESH 4. THE STATION HOUSE OFFICER, BADVEL RURAL POLICE STATION, YSR (KADAPA) DISTRICT, ANDHRA PRADESH 5. NAGLAKUNTA VENKATA SAI VIVEKANANDA REDDY BHASKAR REDDY, S/O. LATE VENKATA REDDY, AGED ABOUT 38 YEARS, R/O. VALLELAVARIPALLI VILLAGE, BADVEL MUNICIPALITY, YSR (KADAPA) DISTRICT 6. BELLAM SUBBA REDDY, S/O. NOT KNOWN, AGED ABOUT 40 YEARS, R/O. VALLELAVARIPALLI VILLAGE, BADVEL MUNICIPALITY, YSR (KADAPA) DISTRICT 2 7. GURRAMPATI RAMANA REDDY, S/O. NOT KNOWN, AGED ABOUT 45 YEARS, R/O. VALLELAVARIPALLI VILLAGE, BADVEL MUNICIPALITY, YSR (KADAPA) DISTRICT 8. GOPISETTY VENUGOPAL, S/O. RADHA KRISHNA, AGED ABOUT 53 YEARS, R/O. POOLABAVI STREET, BADVEL MUNICIPALITY, YSR (KADAPA) DISTRICT 9. N JEJINEYANA, S/O. NOT KNOWN, AGE NOT KNOWN, OCC STAMP VENDOR, AT SUB-REGISTRARS PREMISES, VINJAMUR, NELLORE 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 Mandamus declaring the action of the respondents more particularly respondent No.4 in not conducting the investigation and not making any efforts to file the charge sheet in F.I.R No.8 of 2024 of Badvel Rural Police Station, YSR (Kadapa) District and further in issuing the Notice dated 23.01.2025 under section 91 of Cr.P.C by the respondent No.4 to the petitioner for production of forged agreement is illegal and arbitrary is illegal, arbitrary and in violation of principles of natural justice and contrary to the very provisionsof the Criminal ProcedureCode and consequently set aside the Notice dated 23.01.2025 under section 91 of Cr.P.C by the respondent No.4 to the petitioner and direct the respondents more particularly respondent No.4 to conduct the investigation and file the charge sheet in F.I.R No.8 of 2024 of Badvel Rural Police Station, YSR (Kadapa) District and to pass IA NO: 1 OF 2025 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 suspend the Notice dated 23.01.2025 under section 91 of Cr.P.C by the respondent No.4 to the petitioner by directing the respondent No.4 to conduct the investigation and file the charge sheet in F.I.R No.8 of 2024 of Badvel Rural Police Station, YSR (Kadapa) District within 4 weeks, pending disposal of the main writ petition and to pass such Counsel for the Petitioner: 1. SHAIK MOHAMMED ISMAIL 3 Counsel for the Respondent(S): 1. GP FOR HOME 4 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 6606 of 2025 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 Mandamus declaring the action of the respondents more particularly respondent No.4 in not conducting the investigation and not making any efforts to file the charge sheet in F.I.R No.8 of 2024 of Badvel Rural Police Station, YSR (Kadapa) District and further in issuing the Notice dated 23.01.2025 under section 91 of Cr.P.C by the respondent No.4 to the petitioner for production of forged agreement is illegal and arbitrary is illegal, arbitrary and in violation of principles of natural justice and contrary to the very provisionsof the Criminal ProcedureCode and consequently set aside the Notice dated 23.01.2025 under section 91 of Cr.P.C by the respondent No.4 to the petitioner and direct the respondents more particularly respondent No.4 to conduct the investigation and file the charge sheet in F.I.R No.8 of 2024 of Badvel Rural Police Station, YSR (Kadapa) District and to pass…” 2. Heard Sri Shaik Mohammed Ismail, learned counsel for the petitioner and Sri V.Farooq, learned Assistant Government Pleader for Home for the respondents. 3. Learned counsel for the petitioner would submit that the police are not concluding the investigation in FIR No. 08 of 2024 of Badvel Rural Police Station, YSR (Kadapa) District. Learned counsel would further submit that a direction may be given to the respondent-police to conclude the investigation. 4. Learned Assistant Government Pleader would submit that the Court may pass appropriate orders. 5 5. Considering the submissions, the Writ Petition is disposed of. However, the Police are directed to conclude the investigation and file a report according to law as expeditiously as possible, within a period of three (3) months from the date of receipt of copy of this Order. No order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 12.08.2025 UPS 6 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.6606 of 2025 Dated.12.08.2025 UPS 171