APHC010651422025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY,THE NINTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 33918/2025 Between: 1. BANGI NAGANNA, S/O BANGI CHINNA SWAMANNA AGED ABOUT 40 YEARS, H.NO. 49-50 -56P, MADDUR NAGAR KURNOOL TOWN. KURNOOL DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. ITS. PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT-522001. 2. THE SUPERINTENDENT OF POLICE, SP OFFICE, OLD POST OFFICE, KURNOOL DISTRICT AT KURNOOL 518001. 3. THE SUBDIVISIONAL POLICE OFFICER, MAHILA POLICE STATION KURNOOL. KURNOOL DISTRICT 4. THE STATION HOUSE OFFICER, KURNOOL III TOWN POLICE STATION. KURNOOL. 5. K VENKATESWARLU, S/O K.RAMAIAH AGED ABOUT YEARS, OCC ATTENDER H.NO.49/1 A/225, M.S.NAGAR, KURNOOL. KURNOOL 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 an appropriate writ, order or direction more particularly one in the nature of writ of mandamus, declaring that the inaction on the part of the Respondents 2 to 4 in not conducting investigation consequentially not filing Charge Sheet before the Honble Special Court for SC/ST Cases-Cum-VI Additional District Court , Kurnool in Crime N.0.315 of 2014 Dated 6.8.2014 the provisions of Chapter XIII of BNSS XII of Cr.P.C Judge as per corresponding Chapter is illegal, arbitrary and unconstitutional and to pass such Counsel for the Petitioner: 1. S SYAMSUNDER RAO Counsel for the Respondent(S): 1. GP FOR HOME 2 The Court made the following: ORDER: This Writ Petition under Article 226 of the Constitution of India, has been filed, by the Petitioner for the following relief: “ ... to issue an appropriate writ, order or direction more particularly one in the nature of writ of mandamus, declaring that the inaction on the part of the Respondents 2 to 4 in not conducting investigation, consequentially not filing Charge Sheet before the Court of Special Court for SC/ST Cases-Cum-VI Additional District Court, Kurnool in Crime No.315 of 2014 Dated 6.8.2014 the provisions of Chapter XIII of BNSS XII of Cr.P.C Judge as per corresponding Chapter is illegal, arbitrary and unconstitutional and to pass such ...” Heard learned counsel for the Petitioner and Learned Assistant Government Pleader for Home representing for respondent State. Perused the material on record. Learned counsel for the Petitioner would submit that based on the complaint filed by the Petitioner herein, a case in Crime No.315 of 2014 of III Town Police Station, Kurnool was registered against the Accused therein, seeking quashment of the said proceedings, petitioners/Accused therein filed Crl.P.No.14005 of 2014. At the time of hearing of the said criminal Petition, learned Assistant Public Prosecutor on instructions submitted that the crime is referred as „False‟. Recording the said submission, a Coordinate Bench of this Court, by Order dated 24.08.2023 dismissed the Criminal Petition as infructuous. Thereafter, Petitioner herein filed an application in PGRS grievance cell through on line to respondent No.2 requesting to furnish the referred charge sheet in Crime No.315 of 2014. Petitioner herein filed a private complaint before the Special Court for Trial Under SC & ST (PoA) Act-cum-VI Additional District and 3 Sessions Judge, Kurnool, which was returned with an endorsement that no final report filed is by the Police in the said crime. On the other hand, learned Assistant Government Pleader for Home placed on record written instructions and would submit that for filing final report before the Special Court, respondent Police have to issue a Notice to the Petitioner/ de facto Complainant. As the de facto Complainant is not available, respondent Police could not file any final report before the Special Court. At this juncture, learned Assistant Government Pleader made a request that a copy of the information may be served to the learned counsel appearing for the Petitioner on record, so that the respondent Police may file a final report before the Special Court. Learned counsel for the Petitioner reported no objection to the request made by learned Assistant Government Pleader and would submit that recording the said submission, this Writ Petition may be disposed of. The copy of the order referring the case as „False‟ is furnished to learned counsel for the Petitioner. Accordingly, this Writ Petition is disposed of. Petitioner is at liberty to work out the remedy before appropriate forum according to law to redress the grievance. Respondent Police are directed to submit final report before the Special Court. No order as to costs. Pending applications, if any, shall stand closed. DR.JUSTICE VENKATA JYOTHIRMAI PRATAPA Mjl/* 09.12.2025 4 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA Writ Petition No. 33918 of 2025 09.12.2025 Mjl /*