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2025 DAILYLAW 52620 (AP)

M SAILAJA v. THE STATE OF ANDHRA PRADESH

WP/21375/2023 · 2025-11-30

Venkata Jyothirmai Pratapa

Public Interest Litigationbody2025

Judgment text

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APHC010413792023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] MONDAY, THE FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 21375/2023 Between: 1. M SAILAJA, W/O G.MOHAN BABU, AGED ABOUT 31 YEARS, OCC.HOUSEWIFE, R/O D.NO.3-253,BALAJI COLONY, AJANTHA CINEMA THEATRE ROAD, PILER TOWN AND MANDAL, CHITTOOR DIST ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP.BY.ITS PRINCIPAL SECRETARY, HOME DEPARTMENT,SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE SUPERINDENT OF POLICE, ANNAMAYYA DISTRICT, RAYACHOTY. 3. THE STATION HOUSE OFFICER, PILERU POLICE STATION, PILER, ANNAMAYYA DISTRICT. 4. G MOHAN BABU, S/O G.CHANDRA, AGED ABOUT 40 YEARS, OCC. PRIVATE EMPLOYEE, RIO. DASARIVARIPALLI, VAYLAPADU MANDAL. ANNAMAYYA DISTRICT. 5. G CHANDRAIAH, S/O G. VENKATRAMANA, AGED ABOUT 65 YEARS, OCC. CULTIVATION, R/O. DASARIVARIPALLI, VAYLAPADU MANDAL. ANNAMAYYA DISTRICT. 6. G REDDEMMA, , W/O G. CHANDRAIAH, AGED ABOUT 55 YEARS, OCC. CULTIVATION, R/O. DASARIVARIPALLI, VAYLAPADU 2 MANDAL. ANNAMAYYA DISTRICT. 7. SMT RAMYA, , W/O G.MOHAN BABU, AGED ABOUT 40 YEARS, OCC. HOUSEWIFE, R/O. KONDAKINDAPALLI H/WADA, K.V.PALLI MANDAL, ANNAMAYYA DIST. ...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 Mandamus declaring inaction of the respondents No.3 in filing the charge sheet against the respondents No.4 to 7, in Crime No.163 of 2017 as illegal, arbitrary, colorable exercise of power abducting of the statuary duty cast of him and quite contrary to the well-established legal principles apart from being violative of the fundamental rights guaranteed to me under Articles 14 and 21 of the Constitution of India and consequently direct the respondent No.3 to forthwith file the charge-sheet in Cr. No. 163 of 2017 on the file of Piler Police Station, Piler and to pass IA NO: 1 OF 2023 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 respondent No.3 to forthwith file the charge-sheet in Cr. No. 163 of 2017 on the file of Piler Police Station, Piler pending disposal of the above Writ Petition and pass Counsel for the Petitioner: 1. V R REDDY KOVVURI Counsel for the Respondent(S): 1. GP FOR HOME 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 21375 OF 2023 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 Mandamus declaring inaction of the respondents No.3 in filing the charge sheet against the respondents Nos.4 to 7, in Crime No.163 of 2017 as illegal, arbitrary, colorable exercise of power abducting of the statuary duty cast of him and quite contrary to the well-established legal principles apart from being violative of the fundamental rights guaranteed to me under Articles 14 and 21 of the Constitution of India and consequently direct the respondent No.3 to forthwith file the charge-sheet in Cr.No.163 of 2017 on the file of Piler Police Station, Piler, and pass..…” 2. Heard Sri V.R.Reddy Kovvuri, learned counsel for the petitioner and Sri V.Farook, learned Assistant Government Pleader for Home. 3. Sri V.Farook, learned Assistant Government Pleader for Home seeks time to get fresh instructions is this matter. 4. As seen from the record, the crime is of the year 2017. In that view, this Writ Petition is disposed of. However, the police are directed to conclude the investigation in the Crime No.163 of 2017, dated 17.09.2017 of Piler Police Station and file a report according to law as expeditiously as possible preferably within a period of one (01) month 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. 4 As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Dated 01.12.2025 SNI 5 69 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO:21375 OF 2023 Dated 01.12.2025 SNI