APHC010240562024 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: 11924/2024 Between: 1. RAGHURAMA RAJU NADIMPALII, S/O. KRISHNAM RAJU AGED 30 YEARS, OCC CULTIVATION, R/O. D.NO.6-69, DOMMERU VILLAGE, KOVVUR MANDAL, EAST GODAVARI DISTRICT - 534350. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE SUPERINTENDENT OF POLICE, EAST GODAVARI DISTRICT AT RAJAMAHENDRAVARAM. 3. THE SUBDIVISIONAL POLICE OFFICER, KOVVUR, EAST GODAVARI DISTRICT. 4. THE INSPECTOR OF POLICE, KOVVUR CIRCLE POLICE STATION, KOVVUR, EAST GODAVARI DISTRICT. 5. THE STATION HOUSE OFFICER, CHAGALLU POLICE STATION, CHAGALLU, EAST GODAVARI DISTRICT. 6. CHILUKURI SRIPATHI SASTRY, S/O. KAMESWARA SASTRY, AGED 62 YEARS RESIDENTS OF MARKONDAPADU VILLAGE, CHAGALLU MANDAL, EAST GODAVARI DISTRICT. 7. CHILUKURI RAMBHADRA SASTRY, S/O. KAMESWARA SASTRY, AGED 58 YEARS RESIDENTS OF MARKONDAPADU VILLAGE, 2 CHAGALLU MANDAL, EAST GODAVARI DISTRICT. 8. BODEM SUBRAHMANYAM, S/O. PUNDAREEKA DEEKSHITHULU, AGED 49 YEARS,RESIDENTS OF MARKONDAPADU VILLAGE, CHAGALLU MANDAL, EAST GODAVARI DISTRICT. 9. UPPULURI CHIRANJEEVI, S/O. KASI VISWESWARA RAO, AGED 38 YEARS RESIDENTS OF MARKONDAPADU VILLAGE, CHAGALLU MANDAL, EAST GODAVARI DISTRICT. 10. MUSULURI SURYACHANDRAM, S/O. KOTA SATYANARAYANA, AGED 52 YEARS,R ESIDENTS OF MARKONDAPADU VILLAGE, CHAGALLU MANDAL, EAST GODAVARI DISTRICT. 11. MUSULURI PRADEEP, S/O. SURYACHANDRAM AGED 52 YEARS,RESIDENTS OF MARKONDAPADU VILLAGE, CHAGALLU MANDAL, EAST GODAVARI DISTRICT. 12. KANDRIGA HAREKRISHNA, S/O. VENKAT RAO, AGED 47 YEARS,RESIDENTS OF MARKONDAPADU VILLAGE, CHAGALLU MANDAL, EAST GODAVARI DISTRICT. 13. KANDRIGA BHIMARAJU, S/O. VENKAT RAO, AGED 43 YEARS,RESIDENTS OF MARKONDAPADU VILLAGE, CHAGALLU MANDAL, EAST GODAVARI DISTRICT. 14. JATTIGA RAJA RAO, S/O. CHANDRAIAH AGED 53 YEARS,RESIDENTS OF MARKONDAPADU VILLAGE, CHAGALLU MANDAL, EAST GODAVARI DISTRICT. 15. PEDDIPATI SRINIVAS, , S/O. VENKATA SWAMY AGED 42 YEARS.RESIDENTS OF MARKONDAPADU VILLAGE, CHAGALLU MANDAL, EAST GODAVARI DISTRICT. 16. MUKKAPATI PRASAD, S/O. RAGHURAM AGED 50 YEARS,RESIDENTS OF MARKONDAPADU VILLAGE, CHAGALLU MANDAL, EAST GODAVARI DISTRICT. 17. JUTTIGA RAJESH, S/O. RAJA RAO AGED 29 YEARS,RESIDENTS OF MARKONDAPADU VILLAGE, CHAGALLU MANDAL, EAST GODAVARI DISTRICT. ...RESPONDENT(S): 3 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 respondents particularly 5th respondent in not investigating and not filling Charge Sheet in Crime in F.I.R. No 178/2023, dated 21.08.2023 registered under Sections 447, 427, 379, 506 r/w 34 of IPC on the file of 5th respondent against respondents 6 to 17 on the petitioners complaint dt.21.08.2023 and not subjecting the offenders to arrest, as illegal, irregular and amounts to non-discharge of legal obligation conferred on the respondents under the provisions of Code of Criminal Procedure, 1973, Indian Penal Code, 1860 and offends Articles 14 and 21 of Constitution of India and consequently direct the 5th respondent to investigate into the crime and file charge sheet against the respondents 6 to 17 and prosecute the accused persons for appropriate offences under penal provisions of law by subjecting the offenders to the process of arrest and judicial remand and pass such IA NO: 1 OF 2024 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 5th respondent to investigate into Crime/FIR No: 178/2023 dated 21.08.2023 registered against respondents 6 to 17 and file charge sheet against them, by subjecting the offenders to the process of arrest and judicial remand for appropriate offences under penal provisions of law, pending disposal of the main Writ Petition and pass such Counsel for the Petitioner: 1. NIMMAGADDA REVATHI Counsel for the Respondent(S): 1. NIMMAGADDA REVATHI Counsel for the Respondent(S): 1. GP FOR HOME 4 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 11924 of 2024 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “…to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of respondents particularly 5th respondent in not investigating and not filling Charge Sheet in Crime in F.I.R. No.178/2023, dated 21.08.2023 registered under Sections 447, 427, 379, 506 r/w 34 of IPC on the file of 5th respondent against respondents 6 to 17 on the petitioners’ complaint dt.21.08.2023 and not subjecting the offenders to arrest, as illegal, irregular and amounts to non- discharge of legal obligation conferred on the respondents under the provisions of Code of Criminal Procedure, 1973, Indian Penal Code, 1860 and offends Articles 14 and 21 of Constitution of India and consequently direct the 5th respondent to investigate into the crime and file charge sheet against the respondents 6 to 17 and prosecute the accused persons for appropriate offences under penal provisions of law by subjecting the offenders to the process of arrest and judicial remand and to pass.…” 2. Heard Smt. Nimmagadda Revathi, learned counsel for the petitioner and Sri V.Farook, learned Assistant Government Pleader for Home. 3. When the matter is taken up for hearing, Sri V.Farook, learned Assistant Government Pleader for Home would submit that the present petition is filed only seeking a direction to the police to conclude the investigation and file a report in Crime No.178 of 2023, dated 21.08.2023 of Chagallu Police Station, East Godavari District as expeditiously as possible. 4. Considering the submissions, this Writ Petition is disposed of. However, the police are directed to conclude the investigation in the Crime No. 178 of 5 2023, dated 21.08.2023 of Chagallu Police Station, East Godavari District and file a report according to law as expeditiously as possible preferably within a period of two (2) months 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. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 01.12.2025. SNI 6 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.11924 of 2024 Dated.01.12.2025 SNI 264