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2025 DAILYLAW 4627 (AP)

Nelluri Vamsi Krishna, v. The State of Andhra Pradesh,

WP/2068/2025 · 2025-01-30

V Sujatha

body2025

Judgment text

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1 APHC010034412025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] THURSDAY, THE THIRTIETH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 2068/2025 Between: Nelluri Vamsi Krishna, and others ...PETITIONER(S) AND The State of Andhra Pradesh and others ...RESPONDENT(S) Counsel for the Petitioner(S): 1. KOTHA LEELA GANESH RAGHAVENDRA Counsel for the Respondent(S): 1. GP FOR HOME The Court made the following: 2 ORDER : This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: “.... to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 2nd respondent in not consider petitioner’s representation dated 04.11.2024 is as illegal, arbitrary and violative of Principles of natural justice and violative of Art.14, 19 and 21 of the Constitution of India and consequently direct the 2nd respondent to consider the petitioner’s representation dated 04.11.2024 for fair investigation in Crime No.291/2024 …...” 2. Heard learned counsel for the petitioners and learned Government Pleader for Home for respondent Nos.1 to 3. 3. During hearing, learned Government Pleader for Home furnished a copy of instructions of the Sub-Inspector of Police, Pattabhipuram Police Station, Guntur, Guntur District, wherein it is stated that basing on the complaint made by the 4th respondent herein, the 2nd respondent has registered a case in Cr.No.291 of 2024 under Sections 120(b), 420 read with 34 IPC 3(1)(r) 3(2),(va) of the SC ST POA Act at Pattabhipuram Police Station on 03.10.2024 against the petitioners herein and two others. During the course of investigation, Investigating Officer examined LWs 1 to 4 and recorded 161(3)Cr.P.C. statements on 14.10.2024. Basing upon the said 161(3) Cr.P.C. statements, after duly obtaining the legal opinion from the Additional Public Prosecutor, Section 409 IPC was also added to the said crime on 16.12.2024. On 07.01.2025, the Investigating Officer served the Section 94 of BNSS notice to the complainant to produce documentary evidence and electronic evidence if available. Later the Investigating Officer 3 served the notice to the A5 and A2/2nd petitioner herein, on 16.01.2025 under Section 35(3) BNSS. The said case is under investigation for want of some more witnesses and to collect relevant documents. 4. On perusal of the said instructions, it can be seen that in pursuance of the registration of Crime No.291/2024, investigation is under process and accordingly notices under Section 35(3) BNSS were also issued to the petitioners herein. But, however, the request made by the petitioners to consider the representation, at this stage, which in fact it is addressed to the Hon’ble President of India, Hon’ble Vice President of India, Hon’ble Chief Justice of India, Supreme Court, Principal Secretary, Home Department, Union of India, Hon’ble Governor of Andhra Pradesh, Hon’ble Chief Justice of Andhra Pradesh, Principal Secretary, Home Department, Andhra Pradesh, Director General of Police, Mangalagiri, Inspector General of Police, Guntur Range. 5. Though the representation dated 04.11.2024 has been addressed to the Hon’ble President of India, Hon’ble Vice President of India, Hon’ble Chief Justice of India, Supreme Court, Principal Secretary, Home Department, Union of India, Hon’ble Governor of Andhra Pradesh, Hon’ble Chief Justice of Andhra Pradesh, Principal Secretary, Home Department, Andhra Pradesh, Director General of Police, Mangalagiri, Inspector General of Police, Guntur Range, as the request made by the petitioners is only to direct the 2nd respondent to conduct investigation in a fair and transparent manner, this Court feels it appropriate to dispose of the writ petition by directing the 2nd 4 respondent herein only to consider the representation made by the petitioner on 04.11.2024. 6. With the above direction, the Writ Petition is disposed of. No costs. Miscellaneous petitions pending, if any, in this Writ Petition shall stand closed. __________________ JUSTICE V.SUJATHA Date: 30.01.2025 KGR