APHC010257152021 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: 14763/2021 Between: 1. B SASI, B SASI BHUSHAN, S/O. VEERABADRA RAO, AGED 63 YEARS, R/O. FLAT NO. 51, A-BLOCK, NEW BHANU APARTMENT, D. NO.32.15.106/1, DASARI LINGAYYA STREET, MOGHALRAJAPURAM, VIJAYAWADA, KRISHNA DISTRICT, ANDHRA PRADESH. ...PETITIONER AND 1. THE STATE OF AP, THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY HOME DEPARTMENT, SECRETARIAT BUILDINGS AT VELAGAPUDI, GUNTUR DISTRICT, ANDHRA PRADESH. 2. THE COMMISSIONER OF POLICE, THE COMMISSIONER OF POLICE, VIJAYAWADA CENTRAL ZONE, VIJAYAWADA CITY, KRISHNA DISTRICT, ANDHRA PRADESH. 3. THE STATION HOUSE OFFICER, THE STATION HOUSE OFFICER, MACHAVARAM POLICE STATION, MACHAVARAM, KRISHNA DISTRICT, ANDHRA PRADESH. 4. VATTIPROLU BABU RAJENDRA PRASAD, VATTIPROLU BABU RAJENDRA PRASAD, S/O. V B RATNAM, AGED 40 YEARS, R/O. FLAT NO. 202, DISHIL ENCLAVE, DOOR NO. 43-107/1-13, KANAKADURGA NAGAR, ANDHRAPRABHA COLONY, VIJAYAWADA, KRISHNA DISTRICT, ANDHRA PRADESH. 2 ...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 tobe pleased to issue a Writ or 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 in Crime No. 313 of 2019 dated 30.06.2019 registered under sections 448, 427, 506, 509 r/w 34 IPC on the file of the 3rd respondent police station as illegal, arbitrary and also abuse of power of police as well as oppose to all cannons of justice consequentially direct the 3rd respondent police to record statements of the petitioner and others who are the complainants in FIR No. 313 of 2019 dated 30.06.2019 on the file of the 3rd respondent police station by filing charge sheet before the competent court having jurisdiction forthwith and to pass IA NO: 1 OF 2021 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 be pleased to direct the 3rd respondent police to record statements of the petitioner and others who are the complainants in FIR No. 313 of 2019 dated 30.06.2019 on the file of the 3rd respondent police station by filing charge sheet before the competent court having jurisdiction forthwith pending disposal of the above writ petition and to pass Counsel for the Petitioner: 1. V SAI KUMAR Counsel for the Respondent(S): 1. GP FOR HOME 3 The Court made the following: ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “.... to issue a Writ or 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 in Crime No.313 of 2019 dated 30.06.2019 registered under sections 448, 427, 506, 509 r/w 34 IPC on the file of the 3rd respondent police station as illegal, arbitrary and also abuse of power of police as well as oppose to all cannons of justice consequentially direct the 3rd respondent police to record statements of the petitioner and others who are the complainants in FIR No.313 of 2019 dated 30.06.2019 on the file of the 3rd respondent police station by filing charge sheet before the competent court having jurisdiction forthwith and pass...” 2. Heard Sri V.Sai Kumar, learned counsel for the petitioner and Sri Md.Farooq, learned Assistant Government Pleader for Home. 3. Sri Md.Farooq, learned Assistant Government Pleader for Home, on instructions, would submit that the unofficial respondent herein, who is accused filed Crl.P.No.3960 of 2019 and obtained stay of all further proceedings in the matte. Consequently, the police have not concluded the investigation or filed a report. 4. In view of the same, the Writ Petition is disposed of. However, the petitioner is at liberty to work out his remedy in Crl.P.No.3960 of 2019, which is still pending, wherein the accused obtained the stay. There shall be no order as to costs. 4 As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 06.10.2025. SNI 5 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.14763 of 2021 Dated.06.10.2025 SNI 749