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2025 DAILYLAW 55742 (AP)

KOMMU GOPALA RAO v. THE STATE OF AP

WP/42209/2022 · 2025-11-04

Venkata Jyothirmai Pratapa

body2025

Judgment text

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APHC010715452022 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: 42209/2022 Between: 1. KOMMU GOPALA RAO, S/O.JOSEPH, AGED 50 YEARS, OCC. DRIVER, R/O.D.NO.1-4331, NEAR ZP PRIMARY SCHOOL, PRAKASAM COLONY, LAWYER PET, ONGOLE. PRAKASAM DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. SUPERINTENDENT OF POLICE, PRAKASAM DISTRICT AT ONGOLE. 3. DEPUTY SUPERINTENDENT OF POLICE, ONGOLE, PRAKASAM DISTRICT. 4. STATION HOUSE OFFICER, ONGOLE TALUK POLICE STATION, PRAKASAM DISTRICT. 5. THULIKA SRINIVAS VISWANADH, EXECUTIVE DIRECTOR, SC CORPORATION, ONGOLE, PRAKASAM 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 4th respondent in not conducting investigation on Crime/FIR No.497 of 2022, dated 19.07.2022 registered against the 5th respondent for the offences punishable under Sections 354, 506 of Indian Penal Code and 3(1)(r), 3(1)(s), 3(2)(va) of Schedule Caste and Schedule Tribe (Prevention of Atrocities) Act, as illegal, irregular and amounts to non-discharge of legal obligation conferred on him under the provisions of Code of Criminal Procedure, 1973 and violative of Article 14 of Constitution of India and consequently direct the 4th respondent to complete the investigation and file Charge Sheet against the 5th respondent by subjecting him to the process of arrest and judicial remand in the said crime and pass 2 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 4th respondent to complete investigation in Crime/FIR No. 497 of 2022, dated 19.07.2022 registered against the 5th respondent for the offences under Sections 354, 506 of Indian Penal Code and 3(1)(r), 3(1)(s), 3(2)(va) of Schedule Caste and Schedule Tribe (Prevention of Atrocities) Act on the file of the 4th respondent by arresting the accused persons for the offences committed by him expeditiously, pending disposal of main Writ Petition and pass Counsel for the Petitioner: 1. NIMMAGADDA REVATHI Counsel for the Respondent(S): 1. NIMMAGADDA REVATHI Counsel for the Respondent(S): 1. GP FOR HOME 3 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, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of 4th respondent in not conducting investigation on Crime/FIR No.497 of 2022, dated 19.07.2022 registered against the 5th respondent for the offences punishable under Sections 354, 506 of Indian Penal Code and 3(1)(r), 3(1)(s), 3(2)(va) of Schedule Caste and Schedule Tribe (Prevention of Atrocities) Act, as illegal, irregular and amounts to non-discharge of legal obligation conferred on him under the provisions of Code of Criminal Procedure, 1973 and violative of Article 14 of Constitution of India and consequently direct the 4th respondent to complete the investigation and file Charge Sheet against the 5th respondent by subjecting him to the process of arrest and judicial remand in the said crime and pass ...” Heard learned counsel for the Petitioner and learned Assistant Government Pleader for Home appearing for respondent State. Perused the material on record. At the time of hearing, Sri V.Farooq, learned Assistant Government Pleader, appearing for respondent State on instructions would submit that necessary directions may be given to the respondent Police and this Writ Petition may be disposed of. The grievance of the Petitioner is that respondent Police did not complete the investigation of the subject crime so far. In that view, this Writ Petition is disposed of. Respondent Police are directed to complete the investigation of the subject crime within a period of two 4 weeks from the date of receipt of a copy of this Order, if not completed so far. No order as to costs. Pending applications, if any, shall stand closed. DR.JUSTICE VENKATA JYOTHIRMAI PRATAPA Mjl/* 5 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA Writ Petition No. 42209 of 2022 05.11.2025 Mjl /*