APHC010499792025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] MONDAY,THE SIXTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 26880/2025 Between: 1. DURGA PRASANTHI GHANTA, D/O. GHANTA KANAKARAJU, AGED ABOUT 37 YEARS, R/O. (PERMANENT) KHATAVAPADU VILLAGE, IRAGAVARAM MANDAL, WEST GODAVARI DISTRICT. REP BY HER GENERAL POWER OF ATTORNEY HOLDER GHANTA NAGABABU, S/O. GHANTA KNAKARAJU, AGED ABOUT 41 YEARS, R/O. 1-98, RAJAVARI VEEDHI, KATHAVAPADU, IRAGAVARAM MANDAL, WEST GODAVARI DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, THROUGH THE PRINCIPAL SECRETARY, DEPARTMENT OF HOME, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE SUPERINTENDENT OF POLICE, ELURU, ELURU DISTRICT. 3. THE STATION HOUSE OFFICER, IRAGAVARAM P.S, IRAGAVARAM, WEST GODAVARI 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 in the nature of Writ of MANDAMUS declaring the inaction of the Respondent No.3 in filing final report in Crime No. 173 of 2024, dated 11-11-2024 on the file of S.H.O, Iragavaram Police Station, West Godavari District for the 2 offences under Sec.85 of the Bharatiya Nyaya Sanhita 2023 (Act 45 of 2023) as arbitrary, illegal and violative of provisions of BNSS and consequently direct the Respondents to complete the investigation and file report in stipulated time and pass Counsel for the Petitioner: 1. SAI GANGADHAR CHAMARTY Counsel for the Respondent(S): 1. GP FOR HOME 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 26880 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 Respondent No.3 in filing final report in Crime No. 173 of 2024, dated 11-11-2024 on the file of S.H.O, Iragavaram Police Station, West Godavari District for the offences under Sec.85 of the Bharatiya Nyaya Sanhita 2023 (Act 45 of 2023) as arbitrary, illegal and violative of provisions of BNSS and consequently direct the Respondents to complete the investigation and file report in stipulated time and pass.…” 2. Heard Sri Sai Gangadhar Chamarty, 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 the respondent- police are not concluding the investigation and filing final report in Crime No.173 of 2024 dated 11.11.2024 on the file of SHO, Iragavaram Police Station, West Godavari District for the offences punishable under Section 85 of BNSS, 2023. He would further submit that let there be a direction to the respondent police to conclude the investigation and file a report according to law. 4. Learned Assistant Government Pleader for Home of the respondents would submit that the Court may pass appropriate Orders. 4 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 within a period of three (3) months from the date of receipt of copy of this Order, if not already filed by this date. 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: 06.10.2025. UPS 5 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.26880 of 2025 Dated.06.10.2025 UPS 23