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High Court of Andhra Pradesh · body

2025 DAILYLAW 51337 (AP)

Ghantasala Harikrishna, v. The State of A.P.,

WP/10635/2019 · 2025-12-08

B V L N Chakravarthi

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010237702019 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3368] TUESDAY, THE NINTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI WRIT PETITION NO: 10635/2019 Between: 1. GHANTASALA HARIKRISHNA,, S/O.LATE NAGESWARA RAO, AGED 47 YEARS, R/O.PRATHIKOLLA ELURU MANDAL, WEST GODAVARI DISTRICT. ...PETITIONER AND 1. THE STATE OF A P, REP. BY ITS PRINCIPAL SECRETARY TO GOVENMENT, HOME DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE SUPERINTENDENT OF POLICE, ELURU, WEST GODAVARI DISTRICT. 3. THE STATION HOUSE OFFICER, ELURU RURAL P.S., 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 Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the 3rd Respondent in not filing Charge Sheet / Report under section 73 of Code of Criminal Procedure in Crime No.48/2016, dated 22.01.2016 on the file of the Station House Officer, Eluru Rural P.S., West Godavari District is illegal and arbitrary, consequently direct the 2 3rd Respondent to forthwith to file Charge Sheet / report expeditiously within the time fixed by this Honourable Court in the interest of justice IA NO: 1 OF 2019 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 3rd Respondent to file charge sheet / report pursuant to the registration of FIR 48/2016dated 22.01.2016 on the file of the Station House Officer, Eluru Rural P.S., West Godavari District, pending disposal of the above Writ Petition in the interest of justice. Counsel for the Petitioner: 1. G RAMA GOPAL Counsel for the Respondent(S): 1. GP FOR HOME (AP) The Court made the following: 3 THE HONOURABLE SRI JUSTICE B.V.L.N.CHAKRAVARTHI WRIT PETITION No.10635 OF 2019 ORDER: This Writ Petition is filed under Article 226 of the Constitution of India for the following relief: “….to issue Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the 3rd Respondent in not filing Charge Sheet / Report under section 73 of Code of Criminal Procedure in Crime No.48/2016, dated 22.01.2016 on the file of the Station House Officer, Eluru Rural P.S., West Godavari District is illegal and arbitrary, consequently direct the 3rd Respondent to forthwith to file Charge Sheet / report expeditiously within the time fixed by this Honourable Court in the interest of justice and pass…” 2. Sri R.Mallikaruna Rao, learned Assistant Government Pleader for Home on written instructions would submit that police completed investigation in Crime No.48 of 2016 of Eluru Rural Police Station and laid charge sheet against A1 to A39 on 19.07.2020 vide PRC.No.05 of 2020, which was committed by Sessions Court vide SC No.74 of 2021 and the same is coming up for trial before the learned VIII Additional District and Sessions Court, and therefore, the writ petition has become infructuous. 3. Heard Sri G.Ramagopal, learned counsel for the writ petitioner. 4. Considering the submissions made by the learned Assistant Government Pleader, no further orders are required in the writ petition. 5. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. 4 As a sequel thereto, interlocutory applications, if any, pending in this Writ Petition shall stand closed. ______________________________ JUSTICE B.V.L.N. CHAKRAVARTHI 09.12.2025 Pmk 5 5 THE HONOURABLE SRI JUSTICE B.V.L.N. CHAKRAVARTHI WRIT PETITION No:10635 OF 2019 Date: 09.12.2025 Pmk