Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) c MONDAY ,THE TWENTY EIGHTH DAY OF APRIL^ TWO THOUSAND AND TWENTY FIVE > // PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 7145 OF 2025 Between:
1. V MAMATA, W/o. Ranjit Kumar, aged about 38 years, R/o. 13/474, Panatulavari Street, SPSR Nellore, 524001. ...PETITIONER AND
1. The State Of AP, Rep. by its Principal Secretary, Department of Home, Andhra Pradesh, Secretariat, Amaravati. 2. The Director General of Police, Andhra Pradesh Police Department, Amaravati. 3. The Superintendent of Police, SPSR Nellore District, Nellore. 4. . The Deputy Superintendent of Police (Town DSP), Nellore. 5. The Station House Officer, Santapeta Police Station, SPSR Nellore. ...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 to issue a Writ or Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents Respondent in not filing charge sheet in FIR .'.-K th particularly the 4 No. 107/2024 dated 10.08.2024 and FIR No. 4/2025 dated 04.01.2025 as th illegal arbitrary and unconstitutional and consequently direct the 4 Respondent to forthwith file the Charge Sheet in FIR No. 107/2024 dated 10.08.2024 and FIR No. 4/2025 dated 04.01.2025. lA 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 direct the 4*^" Respondent to file the Charge Sheet in FIR No. 107/2024 dated 10.08.2024 and FIR No. 4/2025 dated 04.01.2025. Counsel for the Petitioner: SRI.
AISHWARYA NAGULA Counsel for the Respondents: GP FOR HOME The Court made the following:
I ■V. APHC010127322025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] MONDAY, THE TWENTY EIGHTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 7145/2025 Between; ...PETITIONER V Mamata AND ...RESPONDENT(S) The State Of Ap and Others Counsel for the Petitioner: 1.AISHWARYANAGULA Counsel for the Respondent(S):
1.GP FOR HOME
2 The Court made the following order: This writ petition is filed under Article 226 of Constitution of India seeking the following relief:
“to issue a Writ or Order or Direction more particuiarly one in the nature of Writ of Mandamus declaring the action of the Respondents particularly the 4^ Respondent in not filing charge sheet in FIR No. 107/2024 dated 10.08.2024 and FIR No. 4/2025 dated 04.01.2025 as illegal, arbitrary and unconstitutional and consequently direct the 4^ Respondent to forthwith file the Charge Sheet in FIR No. 107/2024 dated 10.08.2024 and FIR No. 4/2025 dated 04.01.2025 and be pleased to pass such other order orders...” The petitioner is a resident of Panatulavari Street, SPSR Nellore residing with her husband and two children including her minor daughter aged 10 years. On 15.12.2024, an unknown person attempted to kidnap the daughter of the petitioner, therefore, the petitioner has lodged a report to the police which is registered as Crime No.4 of 2025 by the Santhapet Police Station i.e., respondent No.5 in the array of the respondents in the writ petition. Subsequent to the present crime, the petitioner made another report, as the petitioner was subjected to continuous harassment, threats and extortion by four individuals and the same police station has registered crime vide Crime No.107 of 2024. or
2. Howbeit, a lapse of 211 days has occurred since the registration of the earlier F.I.R i.e..
Crime No.107 of 2024 and lapse of 64 days from the registration of the Crime No.4 of 2024 for the offences under Sections 341, 506, 509 read with 34 IPC and 137 (2) read with 62, 351 (2) read with 3 (5) of BNS respectively, the police have not filed the charge sheet and seeking a direction to the respondents to investigate the cases and file the charge-sheet, hence the present writ petition. 3. The learned Assistant Government Pleader furnished a copy of the written instructions across the Bench (part of record). The written instructions transpires that the Investigation Officer had visited the scene of offence shown
4. by the petitioner and her husband and then the 10 tried to secure witnesses, but none came forward to testify their evidence by means corroborated in the circumstances witnesses. Even, the Investigation Officer tried to collect technical evidence such as CCTV footage from the area surrounding the scene of offence. However, no CCTV footage was found to be available from the locality of the incident. Despite the ongoing, investigation in both the cases the police are grappling to find out independent witnesses and it is emphasized in the written instructions that, however, the investigation would be completed promptly in both the cases and finalize without any further delay. In view of the said written instructions of the respondent No.5/SHO, this writ petition is
disposed of, directing the respondents to complete the investigation as expeditiously as possible and file a charge-sheet or a final report before the concerned Jurisdictional Magistrate not later than three (03) months from the date of receipt of copy of this order.
5. With the above direction, this writ petition is disposed of. No costs. Miscellaneous petitions pending, if any, shall stand closed.
6.
Sd/- K. SRINIVASA RAJU as^tant registrar SECTION OFFICER //TRUE COPY// To,
1. The Principal Secretary, Department of Home, Andhra Pradesh Secretariat, Amaravati.
2. The Director General of Police, Andhra Pradesh Police Department, Amaravati.
3. The Superintendent of Police, SPSR Nellore District, Nellore.
4. The Deputy Superintendent of Police (Town DSP), Nellore.
5. The Station House Officer, Santapeta Police Station, SPSR Nellore.
6. OneCCto SRI. AISHWARYA NAGULA Advocate [OPUC]
7. Two CCs to GP FOR HOME ,High Court Of Andhra Pradesh. [OUT]
8. Three CD Copies
f I HIGH COURT V, DATED:28/04/2025
ORDER WP.No.7145 of 2025 DISPOSING OF THE WP WITHOUT COSTS