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2025 DAILYLAW 45746 (AP)

DHARAVATH KESAVULU v. THE STATE OF AP

WP/27997/2025 · 2025-10-15

Venkata Jyothirmai Pratapa

body2025

Judgment text

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APHC010538222025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) & THURSDAY,THE SIXTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 27997 OF 2025 Between: Dharavath Kesavulu, S/o Somala, aged about 70 years, Occ. Agriculture, Kanneveedu, Vatsavai Mandal, NTR District (A.P). ...Petitioner AND 1. The State Of Andhra Pradesh, Rep. by its Principal Secretary, Home Department Secretariat, Velagapudi, Guntur District, Andhra Pradesh. The District Collector, Vijayawada, NTR District. The Commissioner of Police, Vijayawada, NTR District. The Assistant Commissioner of Police, Nandigama, NTR District. The Sub Inspector of Police, Vatsavai, NTR District. The Revenue Divisional Officer, Nandigama, NTR District. The Tahsildar, Vatsavai Mandal, NTR District. 2. 3. 4. 5. 6. 7. ...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 direction or order or writ particularly one in the nature of writ of Mandamus declaring that the inaction of the respondents No.3, 4 and 5 in completing the investigation into the crime No. 104/2024 under Section 174 Cr.P.C on the file of Vatsavai Police Station as arbitrary, illegal and violative and 21 of the Constitution of the India, and consequently, direct of Article 14 the respondents No.3, 4 and 5 to complete the investigation into crime No. 104/2024 under Section 174 Cr.P.C on the file of Vatsavai Police Station and to file report thereon. lA NO: 1 OF 2025 under Section 151 CPC praying that in the circumstances stated Petition in the affidavit filed in support of the petition, the High Court may be pleased to direct R4 and R5 to commence the investigation into crime under Section 174 Cr.P.C on the file of Vatsavai Police Station immediately. No. 104/2024 Counsel for the Petitioner: SUREPALLI MADHAVA RAO Counsel for the Respondent Nos.1,3,4,5: GP FOR HOME Counsel for the Respondent NoS.2,6 & 7:GP FOR REVENUE The Court made the following order: A % APHC010538222025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) SMH [3396] THURSDAY,THE SIXTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 27997/2025 Between: 1.DHARAVATH KESAVULU, S/0 SOMALA, AGED ABOUT 70 YEARS, OCC. AGRICULTURE, KANNEVEEDU, VATSAVAI MANUAL, NTR DISTRICT (A.P). ...PETITIONER AND 1.THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT, ANDHRA PRADESH. 2.THE DISTRICT COLLECTOR, VIJAYAWADA, NTR DISTRICT. 3.THE COMMISSIONER OF POLICE. VIJAYAWADA, NTR DISTRICT. 4.THE ASSISTANT COMMISSIONER OF POLICE. NANDIGAMA. NTR DISTRICT. 5.THE SUBINSPECTOR OF POLICE, VATSAVAI, NTR DISTRICT. 6.THE REVENUE DIVISIONAL OFFICER, NANDIGAMA, NTR DISTRICT. 7.THE TAHSILDAR, VATSAVAI MANUAL, NTR 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 pleased to issue direction or order or writ particularly one in the 2 nature of writ of Mandamus declaring that the inaction of the respondents No.3, 4 and 5 in completing the investigation into the crime No. 104/2024 under Section 174 Cr.P.C on the file of Vatsavai Police Station as arbitrary, illegal and violative of Article 14 and 21 of the Constitution of the India, and consequently, direct the respondents No.3, 4 and 5 to complete investigation into crime No. 104/2024 under Section 174 Cr.P.C on the file of Vatsavai Police Station and to file report thereon and pass 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 pleased to direct R4 and R5 to commence the investigation into crime No. 104/2024 under Section 174 Cr.P.C on the file of Vatsavai Police Station immediately and pass Counsel for the Petitioner: 1.SUREPALLI MADHAVA RAO Counsel for the Respondent(S): 1.GP FOR HOME 2.GP FOR REVENUE The Court made the following: the 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 27997/2025 ORDER; 7 This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: "...to issue direction or order or writ particularly one in the nature of writ of Mandamus declaring that the inaction of the respondents No. 3, 4 and 5 in completing the investigation into the crime No. 104/2024 under Section 174 Cr.P.C on the file of Vatsavai Police Station arbitrary, illegal and violative of Article 14 and 21 of the Constitution of the India, and consequently, direct the respondents No. 3, 4 and 5 to complete the investigation into crime No. 104/2024 under Section 174 Cr.P.C on the file of Vatsavai Police Station and to file report thereon ...” as Heard Sri S.Madhava Rao, learned counsel for the petitioner and Sri V.Farook, learned Assistant Government Pleader for Home. This petition is filed seeking a direction to the Police to conclude the investigation and file a report in Crime No. 104 of 2024 under Section 174 Cr.P.C on the file of Vatsavai Police Station. Learned Assistant Government Pleader for Home would submit that the Court may pass appropriate orders. Considering the submissions, the Writ Petition is disposed of. However, the Police are directed to conclude the investigation and file a report within a period of three (03) months from the date of receipt of the copy of this order. No costs. 2. 3. 4. 5. 4 >> As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. Sd/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Home Department Secretariat, Velagapudi, Guntur District, Andhra Pradesh. 2. The District Collector, Vijayawada, NTR District. 3. The Commissioner of Police, Vijayawada, NTR District. 4. The Assistant Commissioner of Police, Nandigama, NTR District. 5. The Sub Inspector of Police, Vatsavai, NTR District. 6. The Revenue Divisional Officer, Nandigama, NTR District. 7. The Tahsildar, Vatsavai Mandal, NTR District. 8. One CC to SRI. SUREPALLI MADHAVA RAO Advocate [OPUC] 9. Two CCs to GP FOR HOME High Court of Andhra Pradesh [OUT] 10.Two CCs to GP FOR REVENUE High Court of Andhra Pradesh [OUT] 11.Two CD Copies. AL HIGH COURT DATED: 16/10/2025 ORDER WP NO. 27997 OF 2025 0 6 NOV 2025 rrentSectiM^ Co ' <2 DISPOSING OF THE W.P. WITHOUT COSTS