Kotipalli Tarakarama Ayyappa Swamy v. The State of Andhra Pradesh,
WP/25805/2025 · 2025-09-22
Venkata Jyothirmai Pratapa
body2025
DailyLaw.ai
[ 2025 DAILYLAW 47693 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 47693 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010499322025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)
TUESDAY,THE TWENTY THIRD DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 25805 OF 2025 Between:
1. Kotipalli Tarakarama Ayyappa Swamy, S/o K. Satyanarayana, Aged about 37 years, Occ- Advocate, R/o H.No.9-18/1, Main Road .Khandavalli Village PeravaliMandal ,East Godavari District Andhra Pradesh ...Petitioner AND
1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Home Department A.P.Secretariat, Velagapudi, Amaravathi Guntur District, Andhra Pradesh
2. The Director General of Police, DGP Office. Managalagiri Town Guntur District, Andhra Pradesh
3. The Superintendent of Police, RajahmundryUrban East Godavari District, AP
4. The Circle Inspector of Police, Peravali Police Station Peravali Village and Mandal East Godavari District Andhra Pradesh
5. The Sub Inspector of Police, Peravali Police Station Peravali Village and Mandal East Godavari District Andhra Pradesh ...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 pleased to issue a writ, order or direction more particularly one in the nature of a writ of Mandamus declaring the action of 5th Respondent in omitting to conduct investigation and in failing to file the charge sheet/final report under Section 193 of BNSS in connection with FIR No. 77 of 2025, Dt.31-03-2025 on the file of Peravali Police Station, East Godavari District, Andhra Pradesh as highly illegal, arbitrary and violative of Article 14, 19 and 21 of the constitution of India and consequently direct the 5th respondent to forthwith conduct fair and proper and thorough investigation and to file the Charge sheet as mandated under Section 193 of BNSS in connection with FIR No.77 of 2025 Dt. 31-03-2025 and to pass IA 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 the 5*^ respondent to forthwith conduct fair, proper and thorough investigation and to file the Charge sheet as mandated under Section 193 of BNSS in connection with FIR No.77 of 2025 Dt.
31-03-2025on the file of Peravali Police Station, East Godavari District, Andhra Pradesh, pending disposal of the above writ petition and to pass Counsel for the Petitioner: YASWANTH GADE Counsel for the Respondents: GP FOR HOME The Court made the following order:
THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 25805 OF 2025
ORDER:
This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for:
“…pleased to issue a writ, order or direction more particularly one in the nature of a writ of Mandamus declaring the action of 5th Respondent in omitting to conduct investigation and in failing to file the charge sheet/final report under Section 193 of BNSS in connection with FIR No. 77 of 2025, Dt.31-03-2025 on the file of Peravali Police Station, East Godavari District, Andhra Pradesh as highly illegal, arbitrary and violative of Article 14, 19 and 21 of the constitution of India and consequently direct the 5th respondent to forthwith conduct fair and proper and thorough investigation and to file the Charge sheet as mandated under Section 193 of BNSS in connection with FIR No.77 of 2025 Dt. 31-03- 2025 and to pass....…”
2. Heard Sri G.Yaswanth, learned Counsel for the petitioner and Sri V.Farooq, learned Assistant Government Pleader for Home for the respondents.
3.
Learned counsel for the petitioner would submit that a direction may be given to the police to investigate and file a report.
4. Learned Assistant Government Pleader would submit that Court may pass appropriate orders.
5. Considering the submissions, this writ petition is disposed of. However, the police are directed to conclude the investigation and file a report according to law as expeditiously as possible preferably within a period of three months from the date of receipt of copy of this order. There shall be no order as to costs.
As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. __________________________________________
Dr. JUSTICE VENKATAJYOTHIRMAI PRATAPA Dated 23.09.2025 KKV
THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA
WRIT PETITION NO: 25805 OF 2025
Dated 23.09.2025 KKV