APHC010001702024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] WEDNESDAY, THE THIRD DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 214/2024 Between: 1. S. BABU PRASAD, S/O. CHOWDAPPA, AGED 48 YEARS, OCC. SOCIAL ACTIVIST, RESIDING AT D.NO.1-144-3, NADIMPALLI VILLAGE, SOMANDEPALLI MANDAL,ANANTAPURAM DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE SUPERINTENDENT OF POLICE, SRI SATYA SAI DISTRICT AT PUTTAPARTHY. 3. THE DEPUTY SUPERINTENDENT OF POLICE, PENUGONDA, SRI SATYA SAI DISTRICT. 4. THE STATION HOUSE OFFICER, SOMANDEPALLI POLICE STATION, SOMANDEPALLI,SRI SATYA SAI DISTRICT. 5. E VENKATESH, EX.MPP., S/O. LATE THIMMAIAH, AGED 45 YEARS, OCC. BUSINESS, SOMANDEPALLI VILLAGE AND MANDAL, SRI SATYA SAI 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 an appropriate writ, order or direction more particularly one 2 in the nature of a Writ of Mandamus declaring the action of the respondent especially respondent No.4 in not conducting the proper enquiry to register the case under Section 307 IPC against the private respondent and his followers in pursuance of the petitioner's complaint dated 13.12.2023 as illegal, arbitrary and against the principles of natural justice and consequently direct the 4th respondent to conduct proper enquiry relating to the crime No.210 of 2023 to register the case for the suitable offences against the private respondent and his followers in pursuance of his complaint dated 13.12.2023 and to 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 respondents especially 4th respondent to conduct proper enquiry relating to the crime No. 210 of 2023 to register the case for the suitable offences against the private respondent and his followers in pursuance of the petitioner’s complaint dated 13.12.2023, pending disposal of the above Writ Petition and to pass Counsel for the Petitioner: 1. SESHADRI GOALLA Counsel for the Respondent(S): 1. GP FOR HOME (AP) 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 214 of 2024 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer: <…to issue an appropriate writ, order or direction more particularly one in the nature of a Writ of Mandamus declaring the action of the respondent especially respondent No.4 in not conducting the proper enquiry to register the case under Section 307 IPC against the private respondent and his followers in pursuance of the petitioner's complaint dated 13.12.2023 as illegal, arbitrary and against the principles of natural justice and consequently direct the 4th respondent to conduct proper enquiry relating to the crime No.210 of 2023 to register the case for the suitable offences against the private respondent and his followers in pursuance of his complaint dated 13.12.2023 and to pass.…= 2. When the matter is taken up for hearing, Sri V.Farook, learned Assistant Government Pleader for Home, on instructions, would submit that the respondent police have conducted detailed enquiry in the Crime No.210 of 2023 and altered the sections of law from Sections 323, 324, 355 r/w 34 of IPC to Section 506 r/w 34 of IPC. He would further submit that after due investigation, charge sheet was also filed to that effect before the learned Judicial Magistrate of First Class, Penukonda. 3. Learned counsel for the petitioner would submit that the Court may pass appropriate Orders. 4 4. Recording the same, this Writ Petition is disposed of. However, the petitioner is at liberty to work out his 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 VENKATA JYOTHIRMAI PRATAPA Date: 03.12.2025. UPS 5 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.214 of 2024 Dated.03.12.2025 UPS 356