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2025 DAILYLAW 55321 (AP)

V MAHESH KUMAR v. THE STATE OF ANDHRA PRADESH

WP/32461/2025 · 2025-11-21

Venkata Jyothirmai Pratapa

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010623322025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] SATURDAY, THE TWENTY SECOND DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 32461/2025 Between: 1. V MAHESH KUMAR, S/O. LATE V. VEERABADRA, AGED ABOUT 36 YEARS, R/O.REDDIGANIPALLE, H/O. KOTHAVARIPALLI VILLAGE, MADANAPALLI MANDAL, CHITTOOR DISTRICT, NOW ANNAMAYYA DISTRICT ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPLE SECRETARY, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI.. 2. THE SUPERINTENDENT OF POLICE, CHITTOOR DISTRICT, NOW ANNAMAYYA DISTRICT. 3. THE DEPUTY SUPERINTENDENT OF POLICE, CHITTOOR DISTRICT, NOW ANNAMAYYA DISTRICT. 4. THE STATION HOUSE OFFICER, MADANAPALLI RURAL POLICE STATION, CHITTOOR DISTRICT, NOW ANNAMAYYA 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 any writ or order or direction more particularly one in the nature of writ of Mandamus declaring the action of the respondents in not conducting a conduct improper and partial investigation in FIR.No. 170 of 2025 Dt. 03-07-2025 on the file of Madanapalli rural P.S. as illegal and 2 arbitrary and consequently direct the respondents to conduct fair, proper and impartial investigation in FIR. No. 170 of 2025 Dt. 03-07-2025 on the file of Madanapalli rural P.S. and to pass IA NO: 1 OF 2025 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 respondents to conduct fair, proper and impartial investigation in FIR.No. 170 of 2025 Dt. 03-07-2025 on the file of Madanapalli rural P.S. for the offences under Sec. 194 BNSS pending the writ petition in this Hon’ble Court and to pass Counsel for the Petitioner: 1. YANAGUNURU SHASHANK Counsel for the Respondent(S): 1. GP FOR HOME 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 32461 of 2025 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “…to issue any writ or order or direction more particularly one in the nature of writ of Mandamus declaring the action of the respondents in not conducting a conduct improper and partial investigation in FIR.No.170 of 2025 Dt. 03-07-2025 on the file of Madanapalli rural P.S. as illegal and arbitrary and consequently direct the respondents to conduct fair, proper and impartial investigation in FIR. No. 170 of 2025 Dt. 03-07-2025 on the file of Madanapalli rural P.S. and to pass..…” 2. Heard Sri Y.Shashank, learned Counsel for the Petitioner and Sri V.Farook, learned Assistant Government Pleader for Home for the Respondents. 3. Learned Counsel for the Petitioner would submit that the deceased is the brother of the Petitioner and immediately, after coming to know about the death of his brother, he has given the information to the Police suspecting the role of the wife of the deceased and another person by name Prasad. But the Police have registered a case against the wife of the deceased only but not against the said Prasad. 4. Learned Assistant Government Pleader for Home would submit that the investigation is pending in this matter. Initially, the case was registered under Section 194 of BNS (Suspicious Death) on 03.07.2025. Thereafter, the offences were altered to 103(1) and 238 of BNS on 07.07.2025. 4 5. Considering the submissions, this Writ Petition is disposed of. However, the Respondent No.4 is directed to conduct a fair investigation in this matter by collecting all the technical evidence which is available and also look into the grievance of the Petitioner and examine the case in that perspective and conclude the investigation and file a report according to law, as expeditiously as possible. 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 Date: 22.11.2025. UPS 5 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.32461 of 2025 Dated.22.11.2025 UPS 28