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2025 DAILYLAW 45818 (AP)

V SRINIVASULU v. THE STATE OF ANDHRA PRADESH

WP/2814/2025 · 2025-09-22

Venkata Jyothirmai Pratapa

body2025

Judgment text

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APHC010048472025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY, THE TWENTY THIRD DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 2814/2025 Between: 1. V SRINIVASULU, S/O MUNUSWAMY AGE 64 YEARS, OCC COOLIE R/O CHINTAMAKULAPALLE VILLAGE, V.KOTA MANDAL, CHITTOOR DIST. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY HOME DEPARTMENT SECRETARIATE, VELAGAPUDI, GUNTUR DIST. 2. THE DIRECTOR GENERAL OF POLICE, HEAD OFFICE (HOME DEPARTMENT) MANGALAGIRI TOWN, GUNTUR DIST. 3. THE SUPERINTENDENT OF POLICE, CHITTOOR DIST., AT CHITTOOR. 4. THE DEPUTY SUPERINTENDENT OF POLICE, KUPPAM TOWN, CHITTOOR DIST. 5. THE CIRCLE INSPECTOR OF POLICE, KUPPAM TOWN, CHITTOOR DIST. 6. THE STATION HOUSE OFFICER, RAMAKUPPAM PS, CHITTOOR DIST. ...RESPONDENT(S): Counsel for the Petitioner: 1. M M M SRINIVASA RAO Counsel for the Respondent(S): 1. GP FOR HOME The Court made the following: ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “.... to issue a writ or direction preferably writ of mandamus declaring the action of the 6th respondent in not proceeding with the investigation and inquiry despite registering the crime vide FIR.NO.74/2018 dt25-8-2018 (wrongly mentioned date) on the file of Ramakuppam PS of Chittoor Dist., which was registered for the offence under Sec. 174 Cr.PC thereafter 2 altered the Section under 302 IPC as the death was caused due to Cardio Respirator arrest, due to Vital Organ Injury and filed alteration Memo before the Judicial Magistrate of 1st Class, Kuppam on 13-1-2019 is illegal, arbitrary, and violations principles of natural justice and consequently direct the respondents to complete the investigation and file necessary final report before the court as early as possible and pass any other order this Honble Court may deem fit in the interest of Justice.” 2. Sri Md.Farooq, learned Assistant Government Pleader for Home, on written instructions, would submit that investigation is completed in this matter and the final report is filed before the Court stating that the case is Un- detectable and further the Investigating Officer served the notice to the petitioner. 3. For ready reference, the written instructions are extracted hereunder: “Basing on the order of the 3rd respondent vide C.No.C2/305/15/Ref/2021, dt:16.11.2021 referred the case as Un- detectable. Further the IO served the C Notice to the petitioner and filed the final report before the Hon’ble Court of Prl Judicial Magistrate of First Class, Kuppam on dt:06.07.2021. further the IO served the notice to the petitioner.” 4. In that view, the Writ Petition is disposed of. However, the Petitioner is at liberty to work out his remedies before appropriate forum in accordance with law. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed. ________________________________________ Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA Date:23.09.2025 ASR 3 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.2814 of 2025 Dt.23.09.2025 Asr