APHC010430312022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY,THE FOURTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION No. 26717/2022 Between: 1. MOHAMMAD RAFIQ, MOHAMMAD RAFIQ S/o.MOHAMMAD ALI, WORKED AS SALES CLERK IN CEMENT FACTORY AT SAUDHI AREBIA, R/o.9-243-1, MEKALA MAHABOOB STREET, KADIRI ANANTHAPUR DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY DEPARTMENT OF HOME SECRETARIAT VELAGAPUDI AMARAVATI. 2. THE SUPERINTENDENT OF POLICE, SATYA SAI DISTRICT, PUTTAPIIRTHI.. A.P. 3. THE STATION HOUSE OFFICER, NALLACNERUVU POLICE STATION, ANANTIAPUR 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 a Writ, order or direction, more particularly one in the nature of WRIT OF MANDAMUS declaring the action of 3th respondent in respect of representation given by me for the pending investigation in Cr.No.123 of 2020 dated 21.07.2020, which was registered against the two accused the offences U/s.420, 465, 506, 120 (B) r/w 34 IPC, dated 21.07.2020 before Nallacheruvu Police station, which by the words of accused I have spend an amount of Rs.58,88,000/- for the fraud done by the accused, all my savings and earnings was misappropriated by the accused 1 and 2, as the 3rd respondent is got influenced and from the date of FIR the stage only , is highly unwarranted without jurisdiction, highly unjust, illegal and violative of articles 14, 21 of Constitution of India and consequently direct the 3rd respondent not to interfere in any manner with the civil dispute of the petitioners and 4th respondent and pass IA NO: 1 OF 2022 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 2 pleased to direct the 3rd respondent to consider the representation of the petitioner for to know the actual and original facts with regarding to the Cr.No.123 of 2020 dated 21.07.2020, which was registered against the two accused the offences U/s 420, 465, 506, 120 (B) r/w 34 IPC, dated 21.07.2020 before Nallacherubvu Police station, pending disposal of the main Writ Petition and pass IA NO: 2 OF 2022 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 respondents particularly respondent No.3 for conducting investigation in accordance with the provisions of the code of criminal procedure and not completing the same to facilitate the accused in Cr.No.123 of 2020 dated 21.07.2020, which was registered, U/s 420, 465, 506, 120 (B) r/w 34 IPC, dated 21.07.2020 before Nallacherubvu Police station, pending disposal of the main Writ Petition and pass Counsel for the Petitioner: 1. ELURU SESHA MAHESH BABU Counsel for the Respondent(S): 1. GP FOR HOME 3 The Court made the following: ORDER: The instant Writ Petition is filed by the Petitioner seeking indulgence of this Court under Article 226 of the Constitution of India for the following relief: “.... to issue a Writ, order or direction, more particularly one in the nature of WRIT OF MANDAMUS declaring the action of 3th respondent in respect of representation given by me for the pending investigation in Cr.No.123 of 2020 dated 21.07.2020, which was registered against the two accused the offences U/s.420, 465, 506, 120 (B) r/w 34 IPC, dated 21.07.2020 before Nallacheruvu Police station, which by the words of accused I have spend an amount of Rs.58,88,000/- for the fraud done by the accused, all my savings and earnings was misappropriated by the accused 1 and 2, as the 3rd respondent has got influenced and from the date of FIR the stage only , is highly unwarranted without jurisdiction, highly unjust, illegal and violative of Articles 14, 21 of Constitution of India and consequently direct the 3rd respondent not to interfere in any manner with the civil dispute of the petitioners and 4th respondent and pass ...” At the time of hearing, learned Assistant Government Pleader for Home appearing for respondent State on instructions would submit that the crime is investigated and charge sheet is filed by the respondent Police before the concerned trial Court and would submit that appropriate orders may be passed by disposing of this Writ Petition. Learned counsel for the Petitioner would submit that recording the said submission, the Court may pass appropriate orders. In the light of the submissions made, this Writ Petition is disposed of. Petitioner is at liberty to recourse the remedy before appropriate forum according to law. No order as to costs. Pending applications, if any, shall stand closed. DR.JUSTICE VENKATA JYOTHIRMAI PRATAPA Mjl/* 4 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA Writ Petition No. 26717 of 2022 04.11.2025 Mjl /*