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2025 DAILYLAW 46938 (AP)

Bathina Gurramma v. The State of Andhra Pradesh

WP/23451/2021 · 2025-10-15

Venkata Jyothirmai Pratapa

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Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010381442021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY, THE SIXTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 23451/2021 Between: 1. BATHINA GURRAMMA, , W/O. LATE BATHINA BALA GURAVAIAH, AGED ABOUT 68 YEARS, HINDU, WOMAN, OCC- AGRICULTURIST RESIDING AT GANESWARAPURAM VILLAGE, VARIKUNTAPADU MANDAL, SPSR NELLORE DISTRICT ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF HOME AFFAIRS, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE DIRECTOR GENERAL OF POLICE, GOVERNMENT OF ANDHRA PRADESH, GJ5J PLUS MH9, BUCKINGHAM PET, VIJAYAWADA, KRISHNA DISTRICT. 3. THE SUPERINTENDENT OF POLICE, , SPSR NELLORE DISTRICT. 4. THE DISTRICT COLLECTOR, SPSR NELLORE DISTRICT, NELLORE, A.P 5. THE DEPUTY SUPERINTENDENT OF POLICE, , KAVALI DIVISION, SPSR NELLORE DISTRICT 6. SHRI DEVARAKONDA PRASAD DEPUTY SUPERINTENDENT OF POLICE, KAVALI DIVISION, SPSR NELLORE DISTRICT 7. STATION HOUSE OFFICER, VARIKUNTAPADU POLICE STATION, SPSR NELLORE DISTRICT. 2 8. PERAM SUDHAKAR REDDY, S/O. MUNI REDDY HINDU, AGED ABOUT 33 YEARS, ,RESIDING AT GANESWARAPURAM VILLAGE, VARIKUNTAPADU MANDAL, SPSR NELLORE DISTRICT 9. PERAM MUNI REDDY, S/O. VENKATAIAH, HINDU, AGED ABOUT 56 YEARS, RESIDING AT GANESWARAPURAM VILLAGE, VARIKUNTAPADU MANDAL, SPSR NELLORE 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 issue a writ order or direction more particularly one in the nature of Writ of Mandamus, by declaring the inaction of the respondent No.5 and 6 Special investigation officer has not taking any action against the respondent.No.8 and 9 and not conduct proper investigation in FIR No. 23/2021 on dt.06-03-2021 the file of Varikuntapadu Police Station, SPSR Nellore District as illegal, arbitrary, it is violate of principals of natural justice and Article 14,19 and 21of Constitution of India, and consequently direct the respondent.No.2 to 3 to appoint new investigation officer instead of 6th respondent and take appropriate action against the respondent No.8 and 9 as per law and to comply with the statutory mandate filing charge sheet in FIR No. 23/2021 on dt.06-03-2021 the file of Varikuntapadu Police Station, SPSR Nellore District IA NO: 1 OF 2021 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. 2 to 3 to appoint new investigation officer instead of 6th respondent in FIR No. 23/2021 on dt.06-03-2021 the file of Varikuntapadu Police Station, SPSR Nellore District and take appropriate action against the respondent No. 8 and 9,as per law against them who are accused in the case, as per law, forthwith, pending disposal of this writ petition before this Hon'ble court Counsel for the Petitioner: 1. BATHULA RAJ KIRAN Counsel for the Respondent(S): 1. GP FOR HOME 3 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, order or direction more particularly one in the nature of Writ of Mandamus by declaring the inaction of the respondent Nos.5 and 6 Special investigation officer has not taking any action against the respondent Nos.8 and 9 and not conduct proper investigation in FIR No.23/2021 on dt.06.03.2021 the file of Varikuntapadu Police Station, SPSR Nellore District as illegal, arbitrary, it is violate of principals of natural justice and Article 14, 19 and 21 of Constitution of India and consequently direct the respondent Nos.2 to 3 to appoint new investigation officer instead of 6th respondent and take appropriate action against the respondent Nos.8 and 9 as per law and to comply with the statutory mandate filing charge sheet in FIR No.23/2021 on dt.06.03.2021 the file of Varikuntapadu Police Station, SPSR Nellore District and to pass...…= 2. Heard Sri Bathula Raj Kiran, learned counsel for the petitioner and Sri V.Farook, Learned Assistant Government Pleader for Home. 3. Learned Counsel for the petitioner would submit that there is no progress in FIR No.23 of 2021 dated 06.03.2021 of Varikuntapadu Police Station, SPSR Nellore District. 4. Learned Assistant Government Pleader for Home would submit that the investigation in the present matter has been completed, and the case has been found to be false. 4 5. Recording the submissions, the Writ Petition is disposed of, granting liberty to the petitioner to work out her remedies before the appropriate forum according to law. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATAJYOTHIRMAI PRATAPA Date: 16.10.2025 SNI 5 111 HON’BLE DR. JUSTICE VENKATAJYOTHIRMAI PRATAPA W.P.No.23451 of 2021 Dated: 16.10.2025 SNI