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2025 DAILYLAW 44816 (AP)

K SUMATHI v. THE STATE OF AP

WP/4521/2019 · 2025-12-23

B V L N Chakravarthi

body2025

Judgment text

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APHC010101852019 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3368] WEDNESDAY, THE TWENTY FOURTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI WRIT PETITION NO: 4521/2019 Between: 1. K SUMATHI, D/O. LATE DURGA RAO AGED ABOUT 35 YEARS, R/O.D.NO 3-47, 3RD FLOOR, MAHIMA NILAYAM, RAMAVARAPADU, VIJAYAWADA, ANDHRA PRADESH, ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, DEPT. OF HOME, AP SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE STATION HOUSE OFFICER, MACHAVARAM P.S, VIJAYAWADA CITY KRISHNA DISTRICT. 3. THE COMMISSIONER OF POLICE, VIJAYAWADA CITY, KRISHNA DISTRICT 4. THE ASSISTANT COMMISSIONER OF POLICE, CENTRAL ZONE, VIJAYAWADA CITY. ...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 an appropriate writ or order or direction more particularly in the nature of Writ of Mandamus to declare the inaction of 2nd Respondent in not acting upon FIR.No.149/2019 dated 22.03.2019 registered on the file of Machavaram Police Station, Vijayawada for the offences punishable under sections 376 (2) (n), 417 and 506 of IPC as being illegal, arbitrary and unconstitutional in nature 2 and consequently direct Respondent No.2 to proceed with the investigation, and file Final Report and pass IA NO: 1 OF 2019 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 2nd Respondent to act forthwith in FIR.No.149/2019 dated 22.03.2019 and pass Counsel for the Petitioner: 1. N ASHWANI KUMAR Counsel for the Respondent(S): 1. GP FOR HOME (AP) The Court made the following: 3 THE HONOURABLE SRI JUSTICE B.V.L.N.CHAKRAVARTHI WRIT PETITION No.4521 OF 2019 ORDER: Heard learned counsel representing Sri N.Ashwani Kumar, learned counsel for the petitioner and Sri R.Mallikarjuna Rao, learned Assistant Government Pleader for Home. 2. Learned Assistant Government Pleader for Home on written instructions would submit that police completed investigation in Crime No.149 of 2019 of Machavaram Police Station of Vijayawada City, for the offence under Sections 376(2)(N), 417 and 506 IPC and laid charge sheet in S.C.No.77 of 2021 on 27.11.2020, pending the writ petition and therefore, no further orders are required in the writ petition. 3. The writ petition was filed contending that police not investigating into the above crime. 4. Now, the submissions made by the learned Assistant Government Pleader for Home would disclose that police completed investigation, and laid charge sheet before the concerned Court. 5. In that view of the matter, the Writ Petition has become infructuous. 6. Accordingly, the Writ Petition is dismissed as infructuous. There shall be no order as to costs. 4 As a sequel thereto, interlocutory applications, if any, pending in this Writ Petition shall stand closed. ______________________________ JUSTICE B.V.L.N. CHAKRAVARTHI 24.12.2025 Pmk 5 10 THE HONOURABLE SRI JUSTICE B.V.L.N. CHAKRAVARTHI WRIT PETITION No:4521 OF 2019 Date: 24.12.2025 Pmk