Extracted from the PDF above. The PDF is authoritative.
APHC010451672023
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: 23402/2023 Between:
1. T GESUDARAZ @ BABLU, S/O. LATE MR.T.MOHAMMAD ASIF, AGED 37 YEARS, OCC PVT.EMPLOYEE, R/O.FLAT NO.501, H.NO.16-9-443, NAAZ RESIDENCY, NEAR WATER TANK, OLD MALAKPET,HYDERABAD-36
...PETITIONER AND
1. THE STATE OF AP, , REP.BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT,
2. THE SUPERINTENDENT OF POLICE, SATYA SAI DISTRICT.
3. THE STATION HOUSE OFFICER, KADIRI TOWN POLICE STATION, KADIRI TOWN, SRI SATYA SAI DISTRICT, A.P-515591
...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 Writ or direction preferably Writ of mandamus, declaring the action of the respondent No.3 in not investigating and filing charge-sheet in Cr.No.253 of 2022 dt.12-09-2022 for the offences under section 420, 506 r/w 3 IPC even after lapse of more than '11' months, as illegal, arbitrary, and violate of principles of natural justice and consequently to direct the respondent No.3 to take immediate appropriate action for completion of investigation and to file charge sheet and pass IA NO: 1 OF 2023
2
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 nos. 2 and 3 to take immediate steps to proceed with the investigation in Cr. No. 253 of 2022 dt.12-09-2022 of P.S. Kadiri Town Police Station, Satya Sai District, pending disposal of the Writ Petition in the interest of Justice. Counsel for the Petitioner:
1. M M M SRINIVASA RAO Counsel for the Respondent(S):
1. GP FOR HOME
3
THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 23402 of 2023
ORDER:
This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: <…to issue Writ or direction preferably Writ of mandamus, declaring the action of the respondent No.3 in not investigating and filing charge-sheet in Cr.No.253 of 2022 dt.12.09.2022 for the offences under section 420, 506 r/w 3 IPC even after lapse of more than >11? months, as illegal, arbitrary and violate of principles of natural justice and consequently to direct the respondent No.3 to take immediate appropriate action for completion of investigation and to file charge sheet 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 basing on the complaint of the petitioner, the police have conducted preliminary enquiry. During the course of enquiry, it came to light that the subject matter is civil in nature. Therefore, the police have not registered any crime on the complaint of the petitioner.
3.
Learned Counsel for the petitioner would submit that the Court may pass appropriate Orders.
4. Recording the above submissions, this Writ Petition is disposed of. However, the petitioner is at liberty to work out her remedies before the appropriate forum according to law. There shall be no order as to costs.
4
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.23402 of 2023
Dated.01.12.2025
SNI
95