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2025 DAILYLAW 5225 (AP)

REPCO HOME FINANCE LTD v. THE STATE OF AP

WP/2612/2024 · 2025-08-03

Venkata Jyothirmai Pratapa

body2025

Judgment text

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APHC010042642024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] MONDAY, THE FOURTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 2612/2024 Between: 1. REPCO HOME FINANCE LTD, NELLORE BRANCH REP. BY ITS AUTHORISED OFFICER, D.NO.15-226, GOTURIVARI STREET, BRUNDAVANAM, BEHIND VIJAYA MILK DAIRY, NELLORE-524001, SPSR NELLORE DISTRICT, ...PETITIONER AND 1. THE STATE OF AP, . REP. BY SECRETARY HOME DEPARTMENT, SECRETARIAT, AMARAVATHI. VELAGAPUDI- 522503.GUNTURDISTRICT. 2. THE SUPERINTENDENT OF POLICE, SPSR NELLORE DISTRICT, NELLORE-524001. 3. THE STATION HOUSE OFFICER, SANTHAPETA P.S. NELLORE- 524001. SPSR NELLORE DIST. 4. MUPPASANI RAMESH, S/O PANDU RANGAIAH AGED ABOUT 48 YRS. HINDU, BUSINESS R/O D/.NO. 12-717, NARAYANARAOPETA, SANTHAPET, NELLORE-524001. SPSR NELLORE DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner: 1. SRINIVASA RAO PAPPU Counsel for the Respondent(S): 1. GP FOR HOME (AP) The Court made the following: ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “.... a writ order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondent Nos.2 and 3 in not conducting effective investigation in Cr.No.83/2021 Dt.10.04.2021 pending before the P S Santhapeta Nellore under the guise of Crl.P.No.4763/2021 inspite of the fact that there is no stay granted by the HOnble High court and not taking any action against the respondent No.4 and others as illegal arbitrary contrary to provisions of Criminal Procedure Code and consequently direct the respondents 2 and 3 to cause effective investigation into the matter and to take necessary action against the accused and render necessary protection for safe guarding the sealed 2 property ie House bearing No 803 equals to New D No 343 Assessment No 1031014297 situated in an extent of 96 sq yards equals to 12 ankanams in 12th ward of Kamsali Street Santapeta Nellore within Nellore Municipal Corporation limits and to punish the according to law” 2. Heard learned counsel for the petitioner and the learned Assistant Government Pleader for Home. 3. Learned Assistant Government Pleader for Home would submit that due to the stay of all further proceedings in Crime No. 83 of 2021 of Santhapet Police Station, including the arrest of the accused, who is the 2nd respondent in this case, the investigation could not be concluded. 4. Learned counsel for the petitioner placed on record a copy of the order passed by this Court dated 24.08.2021 in I.A. No. 2 of 2021 in Crl.P. No. 4763 of 2021, which was filed seeking a stay, but was dismissed with a clear observation that, due to the seriousness of the allegations, the investigation shall proceed. 5. Considering the submissions made, the Writ Petition is disposed of. However, Police are directed to conclude the investigation in the above crime and file a report in accordance with law, within a period of three months from the date of receipt of a copy of this order. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed. ________________________________________ Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA Date:04.08.2025 Asr 3 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.2612 of 2024 Dt.04.08.2025 Asr