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2025 DAILYLAW 44221 (AP)

Gorrepudi Vijaya Durga Bhavani v. The State of Andhra Pradesh

WP/5271/2023 · 2025-04-27

Tarlada Rajasekhar Rao

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAV, (Special Original Jurisdiction) I MONDAY, THE TWENTY EIGHTH DAY OF APRIL * TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No: 5271 OF 2023 Between: Gorrepudi Vijaya Durga Bhavani, W/o. Late MSWSS Pavan Aged-34 years, Occ: Pvt Employee R/o. D.No.17-08-53/5E, Revenue Colony Sambamurthy Nagar, Opp- Maddi Lakshmaiah Godown Kakinada-533001. East Godavari, A.P. ...PETITIONER AND The State of Andhra Pradesh, represented by its Principal Secretary to the Government Home Department, Secretariat, Amaravathi, A.P Superintend of Police, Srikakualm District, A.P The SHO of P.S., Hiramandalam Palakonda (Village and Mandal) Srikakulam S.P 1. 2. 3. ...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 high handed action of the respondent No.3 in filing the final the report as abated without proper investigation is contrary to law, bad and illegal, irrational, abuse of process of law, biased one and unconstitutional, contrary to the procedure and the same is liable to be set aside. Consequently direct the Respondent Nos.1 to reinvestigate the matter arraying the 8 remaining as Accused in the interest of justice. lA No: 1 OF 2023 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 please to set aside the Final Report in Crime No. 16/2020 submitted by the P.S. Hiramandalam, Srikakulam District, A.P and direct the Superintend of Police, Srikakulam District to carry out the investigation afresh under his supervision and initiate necessary action against those responsible for causing the accidental death of the husband of the petitioner and another including arraying those 08 people as accused for the sake of fair and transparent investigation. Counsel for the Petitioner: SRI P. AKHILESWAR Counsel for the Respondents: GP FOR HOME The Court made the following Order: APHC010104982023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] m MONDAY, THE TWENTY EIGHTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 5271/2023 Between: Gorrepudi Vijaya Durga Bhavani ...PETITIONER AND The State of Andhra Pradesh and others ...RESPONDENT(S) Counsel for the Petitioner: 1. P. Akhileswar Counsel for the Respondent(S): 1.GP FOR HOME The Court made the following: 2 M THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION N0.5271 of 2023 ORDER: The writ petition is filed under Article 226 of the Constitution of India seeking the following relief; “...to issue a Writ or order or direction more particularly one in the nature of Writ of Mandamus declaring the high handed action of the respondent No. 3 in filing the final report as abated without proper investigation is contrary to law, bad and illegal, irrational, abuse of process of law, unconstitutional, contrary to the procedure and the same is liable to be set aside and consequently direct the respondent No. 1 to reinvestigate the matter arraying those eight people accused for the sake of fair and transparent investigation and pass any other order deemed to be fit and proper In the given circumstances. ” biased one and as 2. No representation for the petitioner. 3. On careful reading of the affidavit filed in support of the writ petition and as seen from the prayer of the writ petition, it is clear that the petitioner is having alternative remedy to file protest petition under the provisions of the Criminal Procedure Code. Hence, this Court is not inclined to pass any orders. 4. Accordingly, the Writ Petition is closed. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, Sd/- K. SRINIVASA RAJU ASSISTANT REGISTRAR shall stand closed. //TRUE COPY// S N OFFICER To, 1. One CC to Sri P. Akhileswar Advocate [OPUC] 2. Two CCs to GP for Home, High Court of Andhra 3. Three CD Copies. Pradesh. [OUT] vna HIGH COURT DATED:28/04/2025 ORDER WP.No.5271 of 2023 I- ^^JUNpops 1 &^tcheo^ m Jo Co 'iy CLOSING THE WRIT PETITION WITHOUT COSTS