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2025 DAILYLAW 54561 (AP)

KOTHAMASU VALESWARA RAO v. The State ofAndhra Pradesh,

WP/22546/2021 · 2025-10-28

Venkata Jyothirmai Pratapa

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Judgment text

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APHC010368352021 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) WEDNESDAY,THE TWENTY NINETH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 22546 OF 2021 Between: 1. KOTHAMASU VALESWARA RAO, s/o aged 44 years, Vyshya by Caste, Senior Assistant, R.D.O., Office, Anakapalli, Presently Sr.Asst. Mandal Revenue Office, Rolugunta, R/o. S Chaduvulavari Street, Woodpeta, Anakapalli, Visakhapatnam DistrictVisakhapatnam 1. The State ofAndhra Pradesh, Rep. By its Principal Secretary, Home Department, Amaravathi. 2. The Superintendent of Police, Visakhapatnam, Visakhapatnam District. 3. The Deputy Superintendent of Police, Anakapalle, Visakhapatnam District 4. The Station House Officer, Anakapalle, Visakhapatnam Rural. Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidav pleased to to issue an appropriate writ or direction. more particularly a Writ in the nature of Mandamus declaring the in action of the Respondents in filing the charge sheet / final report with regard to Cr.No.242 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY,THE TWENTY NINETH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA PETITION NO: 22546 OF 2021 1. KOTHAMASU VALESWARA RAO, s/o aged 44 years, Vyshya by Caste, Senior Assistant, R.D.O., Office, Anakapalli, Presently Sr.Asst. Mandal Revenue Office, Rolugunta, R/o. S-4, SaiSuttaSoudham Apartment, reet, Woodpeta, Anakapalli, Visakhapatnam ...Petitioner AND 1. The State ofAndhra Pradesh, Rep. By its Principal Secretary, Home 2. The Superintendent of Police, Visakhapatnam, Visakhapatnam District. eputy Superintendent of Police, Anakapalle, Visakhapatnam District 4. The Station House Officer, Anakapalle, Visakhapatnam Rural. ...Respondents 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 to issue an appropriate writ or direction. more particularly a Writ in the nature of Mandamus declaring the in action of the Respondents in filing the charge sheet / final report with regard to Cr.No.242 of 2017 dated IN THE HIGH COURT OF ANDHRA PRADESH WEDNESDAY,THE TWENTY NINETH DAY OF OCTOBER THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA 1. KOTHAMASU VALESWARA RAO, s/o aged 44 years, Vyshya by Caste, Senior Assistant, R.D.O., Office, Anakapalli, Presently Sr.Asst. Mandal 4, SaiSuttaSoudham Apartment, reet, Woodpeta, Anakapalli, Visakhapatnam ...Petitioner 1. The State ofAndhra Pradesh, Rep. By its Principal Secretary, Home 2. The Superintendent of Police, Visakhapatnam, Visakhapatnam District. eputy Superintendent of Police, Anakapalle, Visakhapatnam District ...Respondents Petition under Article 226 of the Constitution of India praying that in the it filed therewith, the High Court may be to issue an appropriate writ or direction. more particularly a Writ in the nature of Mandamus declaring the in action of the Respondents in filing of 2017 dated 12.10.2017, delaying for a period of 4 years under Section 420 1PC and Section 7 of Prevention of Corruption Act is illegal. arbitrary and unconstitutional and consequently direct Respondents to complete the investigation and file the charge sheet final report with regard to Cr.No.242 of 2017 dated 12.10.2017 under Section 420 IPC and Section 7 of Prevention of Corruption Act pending disposal of the writ petition and be pleased 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 to issue interim directions to the Respondents to file the chargesheet / Final report with regard to Cr.No.242 of 2017 dated 12.10.2017 under Section 420 IPC and Section 7 of Prevention of Corruption Act pending disposal of the writ petition be pleased to pass Counsel for the Petitioner: T V S PRABHAKARA RAO Counsel for the Respondents: GP FOR HOME The Court made the following order: THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 22546 OF 2021 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “…to issue an appropriate writ or direction. more particularly a Writ in the nature of Mandamus declaring the in action of the Respondents in filing the charge sheet / final report with regard to Cr.No.242 of 2017 dated 12.10.2017, delaying for a period of 4 years under Section 420 1PC and Section 7 of Prevention of Corruption Act is illegal. arbitrary and unconstitutional and consequently direct Respondents to complete the investigation and file the charge sheet final report with regard to Cr.No.242 of 2017 dated 12.10.2017 under Section 420 IPC and Section 7 of Prevention of Corruption Act pending disposal of the writ petition and be pleased to pass..…” 2. Heard Sri Rajagopallavan Tayi, learned counsel for the petitioner and Sri V.Farook, learned Assistant Government Pleader for Home. 3. When the matter is taken up for hearing, learned Assistant Government Pleader would submit that, the investigation is still pending regarding the Crime No.242 of 2017 dated 12.10.2017 for the offence punishable under Section 420 IPC and Section 7 of Prevention of Corruption Act. 4. Recording the same, this writ petition is disposed of. However, the police are directed to conclude the investigation and file a report according to the law within a period of two months from the date of receipt of copy of this order. 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 Dated 29.10.2025 KKV THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA 127 WRIT PETITION NO: 22546 OF 2021 Dated 29.10.2025 KKV HIGH COURT OF ANDHRA PRADESH:: AMARAVATI MAIN CASE NO.: W.P.No.22546 of 2021 PROCEEDING SHEET Sl. No. Date ORDER OFFICE NOTE 1 29.10.2025 Dr.VJP,J The Writ Petition is disposed of. (Vide separate order) ________ Dr.VJP, J KKV