Extracted from the PDF above. The PDF is authoritative.
APHC010563122022
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] WEDNESDAY,THE FIFTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA
WRIT PETITION No. 34318/2022 Between:
1. KADASANI SUDHARSHAN REDDY, S/O. LATE K.RAMACHANDRA REDDY, AGED ABOUT 50 YEARS, OCC PRACTICING AS HIGH COURT ADVOCATE AT AMARAVATHI AND TELANGANA, R/O.
D.NO.12-10-587/95/5, SEETHAPALMANDI, SECUNDERABAD TELANGANA STATE
...PETITIONER AND
1. T V SATYANARAYANA, CELL NO 9440796905. THE THEN SHO OF 1-TOWN PS, KADAPA.
2. THE SHO, 1- TOWN PS, KADAPA.
3. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR 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 or Order or Direction more particularly one in the nature of WRIT OF MANDAMUS declaring dereliction of duty of 1st respondent T.V. Satyanarayana, the then SHO of 1-Town PS, Kadapa who miserably failed to submit the deferred Charge Sheet before the Hon'ble Ist Addl JMFC Court, Kadapa in Cri.No 425/2020, who for his extraneous consideration not only referred the petitioner's Prima Facie Criminal Case Cri.No425 /2020 as CIVIL IN NATURE without examining the petitioner and his witness cited in Cri.No425/2020 only by conducting Dolla Investigation which is against Sec 157 Cr.P.0 eventhough the Hon'ble Ist Addl JMFC Court, Kadapa came to conclusion that there is a Prima Facie Case leveled against A-1 to A-7 after seeing the material
facts on record in Private Complaint CFR.No 2194/2020 and directed the 1st respondent to register the case against A-1 to A-7 and the 1st respondent at the first instance registered the Cri.No 425/2020 against A-1 to A-7 Under Sec 255, 259, 406, 419, 420, 423, 465, 466, 467, 468, 471, 472, 473, 474, 475, 476, 120-B, R/W. 34 I.P.0 on 29-12-2020, but also sat on petitioner's file years together without filing Final Report inspite of
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petitioner approached several times personally to the Ist respondent T.V.Satyanarayana which is illegal and arbitrary and violative of Art-14,19 and 21 of the Constitution of India.
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 pleased to direct the 31d respondent to take disciplinary action against the lst respondent T.V.Satyanarayana Under Sec: 56 (i) of Fundamental Rules of Practice i.e Compulsory Retirement for public purpose and also Under Sec: 197 Cr.P.0 who for his extraneous consideration and also inorder to save A-1 to A-7 from the clutches of Cri.No:425/2020, he conducted Dolla Investigation thereby violated Sec: 157 Cr.P.0 and thereby he intentionally and purposefully referred the petitioner's Prima facie Criminal Case as CIVIL IN NATURE, that too it's a "Private Complaint where Crude Forgery involved which is apparent on the face of record", without examining the petitioner and his witnesses cited by him in his private Complaint Cri.No : 425 / 2020 and sat in petitioner's file years together by using his official chair as a Sword, pending disposal of the 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 pleased to direct the 2nd respondent to submit the So-called final report along with So-called Sworn Statements along with Case Diary (CD) prepared by the 1s` respondent T.V.Satyanarayana in petitioner's Cri.No: 425/20, before the Hon'ble Ist Addl:JMFC Court, Kadapa and also what type of documents relied by 1st respondent basing on which he referred the petitioner's Prima Facie Criminal Case Cri.No:425/2020 as CIVIL IN NATURE, pending disposal of the Writ petition and pass Counsel for the Petitioner:
1. PARTY IN PERSON Counsel for the Respondent(S):
1. GP FOR HOME
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The Court made the following:
ORDER:
This Writ Petition under Article 226 of the Constitution of India is filed by the Petitioner, seeking the following relief:
“ ... to issue a Writ or Order or Direction more particularly one in the nature of WRIT OF MANDAMUS declaring dereliction of duty of 1st respondent T.V. Satyanarayana, the then SHO of 1-Town PS, Kadapa who miserably failed to submit the deferred Charge Sheet before the Hon'ble I Addl.JMFC Court, Kadapa in Cri.No.425/2020, who for his extraneous consideration not only referred the petitioner's Prima Facie Cr.No.425 /2020 as CIVIL IN NATURE without examining the petitioner and his witness cited in Cri.No425/2020 only by conducting Dolla Investigation which is against Sec.157 Cr.P.C even though the Hon'ble I Addl. JMFC Court, Kadapa came to conclusion that there is a Prima Facie Case leveled against A-1 to A-7 after seeing the material facts on record in Private Complaint CFR.No.2194/2020 and directed the 1st respondent to register the case against A-1 to A-7 and the 1st respondent at the first instance registered the Cri.No.425/2020 against A-1 to A-7 Under Sec.255, 259, 406, 419, 420, 423, 465, 466, 467, 468, 471, 472, 473, 474, 475, 476, 120-B, R/W. 34 I.P.C on 29.12.2020, but also sat on petitioner's file years together without filing Final Report in spite of petitioner approached several times personally to the 1st respondent T.V.Satyanarayana which is illegal and arbitrary and violative of Arts.14,19 and 21 of the Constitution of India. ...”
None represented for the Petitioner.
At the time of hearing, Sri V.Farooq, learned Assistant Government Pleader, appearing for respondent State placed on record the written instructions and would submit that after completion of the investigation of the subject crime, the Investigating Officer referred the matter as „civil in nature‟ and would submit that no further orders are necessary in this Writ Petition.
In that view, this Writ Petition is disposed of. No order as to costs.
Pending applications, if any, shall stand closed.
DR.JUSTICE VENKATA JYOTHIRMAI PRATAPA Mjl/*
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HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA
Writ Petition No. 34318 of 2022
05.11.2025
Mjl /*