APHC010454192025 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) FRIDAY,THE TWENTY SIXTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 26385 OF 2025 Between: 1. VANDADI VENKATESWARLU, S/o Gun'appa, Aged about 50 years, residing D.No.53/199-16, Eakshmipuram, Galiveedu road, Rayachoty town and Mandal, Annarnayya District. 1. THE STATE OF ANDHRA PRADESH, Rep Department, Secretariat, Velagapudi, Guntur District 2. The Superintendent of Police, Rayachoty, Annarnayya district. 3. The Station House Officer, Rayachoty Urban Police Station, Annarnayya district. 4. Oram Sahadeva Reddy, S/o Nagi Reeddy, Aged about 60 years, Retd. Police, R/o Sarada Nagar, Anantapuram, Anantapuram district. 5. Neeruguttu Venkatramana, S/o Narayana, Aged about 65 years, R/o Cheemalacheruvu palli Kaspa village, Galiveedu Mandal, Annarnayya District. 1 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY,THE TWENTY SIXTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA PETITION NO: 26385 OF 2025 1. VANDADI VENKATESWARLU, S/o Gun'appa, Aged about 50 years, 16, Eakshmipuram, Galiveedu road, Rayachoty town and Mandal, Annarnayya District. ...Petitioner AND 1. THE STATE OF ANDHRA PRADESH, Rep. by its Prl. Secretary, Home Department, Secretariat, Velagapudi, Guntur District 2. The Superintendent of Police, Rayachoty, Annarnayya district. 3. The Station House Officer, Rayachoty Urban Police Station, Annarnayya y, S/o Nagi Reeddy, Aged about 60 years, Retd. Police, R/o Sarada Nagar, Anantapuram, Anantapuram district. 5. Neeruguttu Venkatramana, S/o Narayana, Aged about 65 years, R/o Cheemalacheruvu palli Kaspa village, Galiveedu Mandal, Annarnayya IN THE HIGH COURT OF ANDHRA PRADESH FRIDAY,THE TWENTY SIXTH DAY OF SEPTEMBER THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA 1. VANDADI VENKATESWARLU, S/o Gun'appa, Aged about 50 years, 16, Eakshmipuram, Galiveedu road, Rayachoty town ...Petitioner . by its Prl. Secretary, Home 3. The Station House Officer, Rayachoty Urban Police Station, Annarnayya y, S/o Nagi Reeddy, Aged about 60 years, Retd. 5. Neeruguttu Venkatramana, S/o Narayana, Aged about 65 years, R/o Cheemalacheruvu palli Kaspa village, Galiveedu Mandal, Annarnayya 2 6. A Nagachari, s/o Eate Subbaramachari, Aged about 67 years, R/o D.No.41/101-C-16, Bose Nagar,Vinayaka street, Kothapeta Main Road, Rayachoty town and mandal, Annarnayya district. 7. Neeruguttu Ramachandra, S/o Narayana, MDO,Aged about 50 years, R/o Eakshmipuram, Rayachoty, Annarnayya district. 8. O Viswanatha Reddy, S/o Nagi Reddy, aged About 60 years, R/o Variga Pappireddigari palli, Rayachoty, Annamayya distric ...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 Writ of Mandamus or any other appropriate writ declaring the action of the Respondents particularly 3rd Respondent in not arraying respondent No.4 to 8 as accused in the charge sheet in CC No.851/2019 on the file of Additional Junior Civil Judge Rayachoty though there is ample evidence against them without proper investigation, without following 'the due process of law on extraneous considerations as illegal, unjust, arbitrary, high handed and against the material on record and also against the statutory provisions and consequently direct the respondents particularly Respondent No.3 to arraying respondent No.4 to 8 as accused in the charge sheet in CC No.851/2019 on the file of Additional Junior Civil Judge Rayachoty by properly investigating the case in a scientific manner and also by enquiring the call data of respondent No.4 to 8 at relevant point of time and 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 Respondent No.3 to arraying respondent No.4 to 8 as accused in the charge sheet in CC No.851/2019 on the file of Additional Junior Civil Judge Rayachoty pending disposal of writ petition and pass 3 Counsel for the Petitioner: L J VEERA REDDY Counsel for the Respondents: GP FOR HOME The Court made the following order: 4 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 26385 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 Writ of Mandamus or any other appropriate writ declaring the action of the Respondents particularly 3rd Respondent in not arraying respondent No.4 to 8 as accused in the charge sheet in CC No.851/2019 on the file of Additional Junior Civil Judge Rayachoty though there is ample evidence against them without proper investigation, without following 'the due process of law on extraneous considerations as illegal, unjust, arbitrary, high handed and against the material on record and also against the statutory provisions and consequently direct the respondents particularly Respondent No.3 to arraying respondent No.4 to 8 as accused in the charge sheet in CC No.851/2019 on the file of Additional Junior Civil Judge Rayachoty by properly investigating the case in a scientific manner and also by enquiring the call data of respondent No.4 to 8 at relevant point of time and pass…” 02. Heard learned counsel for the petitioner and learned Assistant Government Pleader for Home. 03. The grievance of the petitioner is that though there is sufficient material and evidence against respondent Nos.4 to 8, the investigating officer did not array them as accused in the charge sheet filed in C.C. No.851 of 2019 on the file of the Court of Additional Junior Civil Judge, Rayachoty. It is contended that such omission is deliberate, arbitrary, and contrary to law. Learned counsel for the petitioner submits that the police ought to be directed to array respondent Nos.4 to 8 as accused and conduct further investigation. 04. Learned Assistant Government Pleader for Home, on instructions, submitted that the investigation in the matter has already been completed and 5 charge sheet has been filed. The Court has also taken cognizance of the offences under Sections 447 and 427 read with Section 34 IPC, and the case is presently pending trial before the learned Additional Junior Civil Judge, Rayachoty. 05. Considering the submissions and also perused the material placed on record, it is not in dispute that the investigation in Crime relating to C.C. No.851 of 2019 has already been completed and final report filed before the competent Court, which has taken cognizance of the offences and the matter is pending for trial. The grievance of the petitioner is essentially that respondent Nos.4 to 8 were not shown as accused in the charge sheet. At this stage, when the matter is already before the trial Court, this Court cannot issue a direction to the investigating agency to array individuals as accused. The Code of Criminal Procedure provides adequate statutory remedies. If the petitioner is aggrieved by the non-inclusion of certain persons in the charge sheet, he is at liberty to avail such remedies, including filing of a petition before the Magistrate concerned, who is competent to examine the same in accordance with law. 06. In that view of the matter, this Court is not inclined to entertain the present writ petition. Accordingly, this Writ Petition is dismissed. However, it is made clear that the petitioner shall be at liberty to work out his remedies available under law, including filing of an appropriate protest petition before the trial Court. There shall be no order as to costs. 6 As a sequel thereto, miscellaneous petitions pending if any, shall stands closed. __________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 26.09.2025. KKV 7 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 26385 OF 2025 26.09.2025 KKV