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2025 DAILYLAW 56770 (AP)

K LAXMI PRASANNA v. THE STATE OF ANDHRA PRADESH

WP/31944/2025 · 2025-11-17

Venkata Jyothirmai Pratapa

body2025

Judgment text

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APHC010618322025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY, THE EIGHTEENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 31944/2025 Between: 1. K LAXMI PRASANNA, D/O KVN SWAMY, AGED 48 YEARS, R/O. D.NO. 39-17-7/4/1, ASHOK NAGAR, KANCHARAPALEM, VISHAKAPATNAM CITY. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF HOME, SECRETARIAT BUILDING SECRETARIAT, VELAGAPUDI, AMARAVATI, A.P. 2. THE STATION HOUSE OFFICER, KANCHARAPALEM POLICE STATION, VISHAKAPATNAM COMMISSIONERATE, VISHAKAPATNAM. ...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 Writ, Order or Direction, more particularly one in the nature of a Writ of Mandamus, declaring the action of the respondents more particularly Respondent No. 2, in not concluding the investigation by filing the final report in Crime No.500/2023 of Kancharapalem Police Station, Vishakhapatnam Commissionerate, Vishakhapatnam District, For the offences U/sec 509, 354, r/w 34 of IPC to 448, 509, 376, 354(A),354(C) and 354(D) of IPC as illegal, arbitrary, unconstitutional, and without jurisdiction, without any authority of law and in violation to the settled principles, and 2 consequently direct the 2ND respondent to file the charge sheet before the appropriate court, and 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 2ND respondent to conclude the investigation at the earliest by filing the charge sheet in crime No.500/2023 of Kancharapalem Police Station, Vishakhapatnam Commissionerate, Vishakhapatnam District, For the offences U/sec 509, 354, r/w 34 of IPC to 448, 509, 376, 354(A),354(C) and 354(D) of IPC, and pass Counsel for the Petitioner: 1. ELURU SESHA MAHESH BABU Counsel for the Respondent(S): 1. GP FOR HOME 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 31944 of 2025 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “…to issue Writ, Order or Direction, more particularly one in the nature of a Writ of Mandamus, declaring the action of the respondents more particularly Respondent No. 2, in not concluding the investigation by filing the final report in Crime No.500/2023 of Kancharapalem Police Station, Vishakhapatnam Commissionerate, Vishakhapatnam District, for the offences U/sec 509, 354, r/w 34 of IPC to 448, 509, 376, 354(A),354(C) and 354(D) of IPC as illegal, arbitrary, unconstitutional, and without jurisdiction, without any authority of law and in violation to the settled principles, and consequently direct the 2nd respondent to file the charge sheet before the appropriate court, and pass.…” 2. Heard Sri Eluru Sesha Mahesh Babu, 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 though Crime was registered in the year 2023 vide Crime No.500/2023 of Kancharapalem Police Station, Vishakhapatnam Commissionerate, Vishakhapatnam District, for the offences punishable under Sections 448, 509 & 354 r/w 34 of IPC, the Police did not show any progress in the matter. 4. Learned Assistant Government Pleader for Home would submit that the Court may pass appropriate Orders. 4 5. Considering the submissions, this Writ Petition is disposed of. However, the Police are directed to conclude the investigation and file a report according to law before the concerned Court 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: 18.11.2025. UPS 5 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.31944 of 2025 Dated.18.11.2025 UPS 60