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2025 DAILYLAW 56470 (AP)

G VENKATESH v. THE STATE OF ANDHRA PRADESH

WP/25126/2025 · 2025-09-17

Venkata Jyothirmai Pratapa

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 APHC010452052025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY,THE EIGHTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 25126 OF 2025 Between: 1. G VENKATESH, S/o G. Ramanaiah Aged about 49yrs, Occ. Convenor Venu Gopal Colony House Protection Committee R/o Venu Gopal Colony, Sy.No.218/1, Thirumalanagar Panchayat Limits Tirupathi Urban mandal Tirupathi District ...Petitioner AND 1. THE STATE OF ANDHRA PRADESH, Rep. by its Principal Secretary, Home Department, Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The District Collector, Tirupathi, Tirupathi District 3. The Superintendent of Police, Tirupathi Urban District Tirupathi 4. The Station House Officer, Tiruchanoor Police Station Tirupathi Urban District 5. Sri C Rajan Bau, S/o Not known Aged about 72yrs R/o D.No.2-201/2, Chintakayala street Tirupathi, Tirupathi District 6. C Nirmala, W/o C. Rajan Babu Aged about 62yrs, Occ.Housewife R/o D.No.2-201/2, Chintakayala street Tirupathi, Tirupathi District 2 7. C Aravind, S/o C. Rajan Babu Aged about 44yrs R/o D.No.2-201/2, Chintakayala street Tirupathi, Tirupathi District ...Respondents 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 pleased to issue a writ, order or direction more particularly one in the nature of writ of Mandamus to declare to declare the action of the respondent Nos.3 and 4 in not including the names of the respondent Nos.5 to 7 in FIR No.265/2025 on the file of the 4th respondent police station even inspite of the specific allegations in the complaint that the respondent Nos.5 to 7 along with other persons committed the offences as arbitrary, illegal and consequently direct the respondent Nos. 3 and 4 to include the names of respondent Nos. 5 to 7 as accused in Cr.No.265/2025 and conduct the investigation in accordance with Law in the interest of justice. 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 pleased to direct the respondent Nos.3 and 4 to include the names of respondent Nos.5 to 7 as accused in Cr.No.265/2025 for proceeding to conduct further investigation pending disposal of the writ petition in the interest of justice. Counsel for the Petitioner: C JHANSI RANI Counsel for the Respondents: GP FOR HOME The Court made the following order: 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 25126 OF 2025 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “…pleased to issue a writ, order or direction more particularly one in the nature of writ of Mandamus to declare to declare the action of the respondent Nos.3 and 4 in not including the names of the respondent Nos.5 to 7 in FIR No.265/2025 on the file of the 4th respondent police station even inspite of the specific allegations in the complaint that the respondent Nos.5 to 7 along with other persons committed the offences as arbitrary, illegal and consequently direct the respondent Nos. 3 and 4 to include the names of respondent Nos. 5 to 7 as accused in Cr.No.265/2025 and conduct the investigation in accordance with Law in the interest of justice …” 02. Heard Sri V.Vinod Kumar, learned counsel for the petitioner and Sri S.Farooq, learned Assistant Government Pleader for Home. 03. The grievance of the petitioner is that though allegations were made against respondent Nos.5 to 7, their names were not included in the FIR. Such grievance can be addressed by the petitioner before the jurisdictional Magistrate under the provisions of Cr.P.C., and this Court cannot issue directions in the nature sought in the writ petition. 04. In view of the above, this Court is not inclined to entertain the writ petition. However, liberty is given to the petitioner to work out his remedies before the appropriate forum in the accordance with law. 4 Accordingly, this Writ Petition is disposed of. 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: 18.09.2025 KKV 5 THE HONOURABLE DR JUSTICE .VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO:25126 OF 2025 Date: 18.09.2025 KKV