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2025 DAILYLAW 44692 (AP)

Dr.T. Sudhamani v. THE STATION HOUSE OFFICER

WP/10169/2025 · 2025-04-27

Tarlada Rajasekhar Rao

body2025

Judgment text

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8 I 4- IN THE HIGH COURT OF ANDHRA PRADESH :: (Special Original Jurisdiction) MONDAY, THE TWENTY EIGHTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 10169 OF 2025 AMARAVATI Between: Dr.T. Sudhamani, W/o.Seelam Surendranth Reddy, Aged about Occ: Doctor, R/o.Lingamaiah Street, Allagadda, Nandyal District. 48 years ...PETITIONER AND 1. The Station House Officer, Allagadda Rural Police Station, Allagadda, Nandyal District. 2. The Superintendent of Police, Nandyal, Nandyal District. 3. The State of Andhra Pradesh, Rep by its Principal Secretary, Department, Secretariat, Velagapudi, Amaravathi, Guntur District. 4. Seelam Rameshwar Reddy, S/o.Seelam Siva Rami Reddy, Aged about 60 years, Occ Agriculture, R/o.Bachepally Village, Allagadda Mandal Nandyal District. Home ...RESPONDENTS praying that in may more particularly one in the nature of writ of Mandamus to declare the delay and inaction on the part of the Respondent No.1 in completing the investigation and file the charge sheet in FIR No.81/2024 dated 13-06-2024 and others for committing the offence U/sec.447, arbitrary, illegal and violation of Article 14 and 21 of the Petition under Article 226 of the Constitution of India the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue a writ, order or direction against the Respondent No.4 427 r/w.34 IPC as Constitution of India and consequently direct the Respondent No.1 to complete the investigation in FIR No.81/2024 dated 13-06-2024 and file charge sheet forthwith against the Respondent No.4 and others for committing the offence U/sec.447, 427 r/w.34 IPC in the interest of justice. 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 Respondent No.1 to complete the investigation in FIR No.81/2024 dated 13-06-2024 and file charge sheet against the Respondent No.4 and others for committing the offence U/sec.447, 427 r/w.34 IPC pending disposal of the Writ Petition in the interest of justice. Counsel for the Petitioner: SRI P NAGENDRA REDDY Counsel for the Respondent Nos. 1 to 3: GP FOR HOME Counsel for the Respondent No.4; — The Court made the following; ORDER THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No, 10169 of 2025 ORDER: The Writ Petition is filed under Article 226 of Constitution of India for the following relief/s: “....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 the Respondent No.1 in completing the investigation and file the charge sheet in FIR No.81/2024 dated 13.06.2024 against the Respondent No.4 and others for committing the offence U/sec.447, 427 r/w.34 IPC as arbitrary, illegal and violation of Article 14 and 21 of the Constitution of India and consequently direct the Respondent No.1 to complete the investigation in FIR No.81/2024 dated 13.06.2024 and file charge sheet forthwith against the Respondent No.4 and others for committing the offence U/sec.447, 427 r/w.34 IPC 2. Aggrieved by the negligent act of the respondent No.1-Station House Officer, Allagadda Rural Police Station, Allagadda, in not completing the investigation and filing of the charge sheet in FIR No.81/2024, dated 13.06.2024, registered for the offences under Sections 447, 427 r/w 34 IPC, against the respondent No.4, the present Writ Petition inter alia prayed to direct the respondent No.1 to complete the investigation as expeditiously as possible and file charge sheet. f 2 3. Learned Assistant Government Pleader for Home Department furnished written instructions across the Bench as part of the record. 4. As seen from the written instructions, it is stated that a case was registered vide Crime No.81 of 2024 under Sections 447, 427, r/w 34 IPC and on the same day a notice was served under Section 41 Cr.P.C. to the accused. During the course of the investigation, the complainant and accused produced land documents by claiming their rights over the dispute land. In this regard, a letter was sent to the Tahsildar, Allagadda Mandal, on 11.07.2024, to determine the exact owner of the disputed Tahsildar, Allagadda Mandal did not provide information as land. requested relating to the disputed land till today. Hence, the investigation is pending only for want of reply from Tahsildar to decide the exact owner of the said disputed land. 5. Without going into the merits of the case, this Court is inclined to dispose of the Writ Petition directing the respondent No.1 to complete the investigation and file charge sheet/final report before the jurisdictional Magistrate as expeditiously as possible within a period of three months from the date of disposal of the writ petition and also directed the concerned Tahsildar to provide information to the respondent No.1- Station House Officer. 3 iSt 6. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel thereto, interlocutory applications pending, if any, in this Writ Petition, shall stand closed. Sd/- G. HELA NAIDU ASSISTANT REGISTRAR //TRUE COPY// SECTION OPFICER To. Officer, Allagadda Rural Police Station Nandyal District. 2. The Superintendent of Police, Nandyal, Nandyal District. 3. The Principal Secretary, Home Department, Secretariat Amaravathi, Guntur District. 4. One CC to Sri P Nagendra Reddy Advocate [OPUC] 5. Two CCs to GP for Home, High Court of Andhra Pradesh. [OUT] 6. Three CD Copies ' Allagadda Velagapudi TF HIGH COURT DATED:28/04/2025 ORDER WP.No.10169 of 2025 DISPOSING OF THE W.P., WITHOUT COSTS