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2025 DAILYLAW 47857 (AP)

BHUKYA RAMARAO NAIK v. THE STATE OF AP

WP/26707/2025 · 2025-09-24

Venkata Jyothirmai Pratapa

body2025

Judgment text

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APHC010518272025 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) THURSDAY,THE TWENTY FIFTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 26707 OF 2025 Between: 1. BHUKYA RAMARAO NAIK, S/o. Sakriya Naik, aged about 54 yrs, R/o.D.No.2-198, Gudipadu Village, Krosum Mandal, Gudipadu Guntur District (Wherlsit Palnadu Distict), Andhra Pradesh 1. THE STATE OF AP, rep. by its Principal Secretary, Home Department, Secretariat, Velagapudi, Amaravathi, A.P. 2. 2. The Superintendent of Police, Palnadu District, Andhra Pradesh. 3. 3. The Station House Officer, Krosuru Police Station, Palnadu District, A.P 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 an appropriate writ, order or direction more particularly one in the nature of writ of mandamus, declaring the inaction of the 3rd respondent in not conducting a fair and proper investigation in Crime No. 122 of 2025 on the file of Krosuru Police Station, Palnadu District, as illegal, arbitrary, irrational, unconstitut Natural Justice and Consequently, direct the 2nd respondent i.e., the 1 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY,THE TWENTY FIFTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA PETITION NO: 26707 OF 2025 1. BHUKYA RAMARAO NAIK, S/o. Sakriya Naik, aged about 54 yrs, 198, Gudipadu Village, Krosum Mandal, Gudipadu Guntur District (Wherlsit Palnadu Distict), Andhra Pradesh ...Petitioner AND rep. by its Principal Secretary, Home Department, Secretariat, Velagapudi, Amaravathi, A.P. 2. 2. The Superintendent of Police, Palnadu District, Andhra Pradesh. 3. 3. The Station House Officer, Krosuru Police Station, Palnadu District, A.P ...Respon 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 an appropriate writ, order or direction more nature of writ of mandamus, declaring the inaction of the 3rd respondent in not conducting a fair and proper investigation in Crime No. 122 of 2025 on the file of Krosuru Police Station, Palnadu District, as illegal, arbitrary, irrational, unconstitutional. and in violation of the Principles of Natural Justice and Consequently, direct the 2nd respondent i.e., the IN THE HIGH COURT OF ANDHRA PRADESH THURSDAY,THE TWENTY FIFTH DAY OF SEPTEMBER THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA 1. BHUKYA RAMARAO NAIK, S/o. Sakriya Naik, aged about 54 yrs, 198, Gudipadu Village, Krosum Mandal, Gudipadu Guntur ...Petitioner rep. by its Principal Secretary, Home Department, 2. The Superintendent of Police, Palnadu District, Andhra Pradesh. 3. 3. The Station House Officer, Krosuru Police Station, Palnadu District, A.P ...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 issue an appropriate writ, order or direction more nature of writ of mandamus, declaring the inaction of the 3rd respondent in not conducting a fair and proper investigation in Crime No. 122 of 2025 on the file of Krosuru Police Station, Palnadu District, as ional. and in violation of the Principles of Natural Justice and Consequently, direct the 2nd respondent i.e., the 2 Superintendent of Police, Palnadu District, to conduct a fair, impartial, and thorough investigation in Crime No. 122 of 2025, and to take necessary action against the accused person(s) who are directly involved in the said crime and pass such other and further orders as this Honhle Court may deem fit and proper in the facts and circumstances of the case, in the interest of justice. 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 respondent No.2 to conduct a fair and proper investigation in pursuance of Crime No. 122 of 2025, and to initiate appropriate action against the accused persons who are directly involved in the said crime, and to pass such other and further order or orders as may be deemed fit and proper in the ^ circumstances of the case Counsel for the Petitioner: SOMISETTY GANESH BABU Counsel for the Respondents: GP FOR HOME The Court made the following order: 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 26707 OF 2025 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “…pleased to issue an appropriate writ, order or direction more particularly one in the nature of writ of mandamus, declaring the inaction of the 3rd respondent in not conducting a fair and proper investigation in Crime No. 122 of 2025 on the file of Krosuru Police Station, Palnadu District, as illegal, arbitrary, irrational, unconstitutional. and in violation of the Principles of Natural Justice and Consequently, direct the 2nd respondent i.e., the Superintendent of Police, Palnadu District, to conduct a fair, impartial, and thorough investigation in Crime No. 122 of 2025, and to take necessary action against the accused person(s) who are directly involved in the said crime and pass such other and further orders as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case, in the interest of justice...” 02. Heard Sri Somisetty Ganesh Babu, learned counsel for the petitioner, and Sri V.Farooq, learned Assistant Government Pleader for Home appearing for official respondents. 03. The learned counsel for the petitioner submitted that the deceased in the present case is the grandson by courtesy to the petitioner and is the son of accused No.1. It is alleged that accused No.1 killed his own son. The de facto complainant in this case is the second wife of accused No.1. The petitioner, being closely related to the deceased, entertains serious suspicion regarding the role of the de facto complainant and contends that the investigation being conducted by the respondent police is not proper and fair. It is submitted that despite several representations made to the police authorities, no effective or impartial investigation has been carried out till date. 4 4. On the other hand, the learned Assistant Government Pleader for Home, on instructions, submitted that the case in Crime No. 122 of 2025 was registered on 12.07.2025 at Krosuru Police Station, Palnadu District, for the offences punishable under Sections 103(1) and 238 of the Bharatiya Nyaya Sanhita (BNS). He further submitted that the investigation is in progress and that appropriate directions may be issued by this Court to ensure fair and proper investigation in accordance with law. 05. Having considered the submissions made on both sides, this Court is of the considered opinion that, this Writ Petition is disposed of, directing the respondent No.2 to conduct the investigation in Crime No. 122 of 2025 on the file of Krosuru Police Station, Palnadu District, as expeditiously as possible in accordance with law. The petitioner shall be at liberty to submit any information or material evidence available with him to the investigating officer, which shall be duly considered in the course of investigation. 06. Accordingly this writ petition is disposed of. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending in this Writ Petition shall stand closed. __________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 25.09.2025 KKV 5 254 6 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.26707 of 2020 Dated.25.09.2025 KKV