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2025 DAILYLAW 47280 (AP)

MADEM VARA LAKSHMI v. THE STATE OF ANDHRA PRADESH

WP/30081/2024 · 2025-11-30

Venkata Jyothirmai Pratapa

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010578282024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] MONDAY, THE FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 30081/2024 Between: 1. MADEM VARA LAKSHMI, W/O. N.GOVINDA, AGED 40 YEARS, OCC. TEACHER, R/O. D.NO.14-164/5, GF-1, SRI RAMA CASTLE, CHINAMUSHIRIDIVADA, NEAR KKR GOWTHAM SCHOOL, PENDURTHI, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE COMMISSIONER OF POLICE, VISAKHAPATNAM COMMISSIONERATE VISAKHAPATNAM DISTRICT AT VISAKHAPATNAM. 3. THE STATION HOUSE OFFICER, PENDURTHY POLICE STATION, PENDURTHY, VISAKHAPATNAM DISTRICT. 4. SUREDDI RAMA CHANDRU NAIDU, S/O. MALLU NAIDU AGED ABOUT 45 YEARS, R/O. SURIDDIPALEM VILLAGE, K.KOTAPADU MANDAL, ANAKAPALLI DISTRICT. 5. GUDIVADA SUDHA RANI, W/O. SUREDDI RAMA CHANDRU NAIDU, AGED ABOUT 40 YEARS, OCC. BANK MANAGER, O/O.UNION BANK, KAKINADA ONE TOWN, KAKINADA, KAKINADA DISTRICT. 6. SURIDDI MAHESWAR RAO, S/O. MALLU NAIDU, AGED ABOUT 47 YEARS, OCC. TEACHER, ZPHS R/O. RAVIKAMATAM VILLAGE AND 2 MANDAL, ANAKAPALLI 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 declaring the action of Respondents, particularly Respondent No. 3 in failing to initiate further action for conducting the investigation and filing the charge sheet in FIR No.317/2024, dated 30.06.2024 on the file of 3rd respondent registered against the Respondent Nos.4 to 6 for the offence u/sec. 406, 420, 384 r/w 34 IPC, illegal, irregular, irrational and amounts to non discharge of legal obligation as conferred on the respondents under the provisions of the Code of Criminal Procedure, 1973 and violative of Article 14 of Constitution of India and consequently direct the Respondent No. 3 to forthwith investigate the offence and file the Charge Sheet in FIR No.317/2024, dated 30.06.2024 by initiating appropriate action as against the Respondent Nos.4 to 6 and their bench men as per provisions of Cr.P.C. expeditiously and pass IA NO: 1 OF 2024 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 3rd respondent to conduct investigation and file charge sheet/final report against accused in FIR No.317/2024, dated 30.06.2024 on the file of the 3'^'^ respondent registered for offences punishable under Sections 406, 420, 384 r/w 34 IPC 1860 against the accused expeditiously, pending disposal of main Writ Petition and pass Counsel for the Petitioner: 1. ANANDA KUMAR VEJANDLA Counsel for the Respondent(S): 1. GP FOR HOME 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 30081 of 2024 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 declaring the action of Respondents, particularly Respondent No.3 in failing to initiate further action for conducting the investigation and filing the charge sheet in FIR No.317/2024, dated 30.06.2024 on the file of 3rd respondent registered against the Respondent Nos.4 to 6 for the offence u/sec 406, 420, 384 r/w 34 IPC, illegal, irregular, irrational and amounts to non discharge of legal obligation as conferred on the respondents under the provisions of the Code of Criminal Procedure, 1973 and violative of Article 14 of Constitution of India and consequently direct the Respondent No.3 to forthwith investigate the offence and file the Charge Sheet in FIR No.317/2024, dated 30.06.2024 by initiating appropriate action as against the Respondent Nos.4 to 6 and their bench men as per provisions of Cr.P.C. expeditiously and pass.…= 2. When the matter is taken up for hearing, Sri V.Farook, learned Assistant Government Pleader for Home for the respondents, on instructions, would submit that the investigation is completed in this matter and charge sheet has been filed. 3. Learned counsel for the petitioner would submit that recording the same, the petition may be disposed of. 4 4. Recording the submission made by the learned Assistant Government Pleader for Home, this Writ Petition is disposed of. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 01.12.2025. SNI 5 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.30081 of 2024 Dated.01.12.2025 SNI 50