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2025 DAILYLAW 56916 (AP)

MUPPALA BADARI NARAYANA v. THE STATE OF ANDHRA PRADESH

WP/5704/2025 · 2025-12-08

Venkata Jyothirmai Pratapa

body2025

Judgment text

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APHC010109642025 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: 5704/2025 Between: 1. MUPPALA BADARI NARAYANA, S/O RAMAMOHAN RAO AG 63 YEARS, OCC AGRICULTURE R/O D.NO.4-237, PENAMALURU POST AND MANDAL, KRISHNA DIST. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY HOME DEPARTMENT SECRETARIATE, VELAGAPUDI, GUNTUR DIST. 2. THE DIRECTOR GENERAL OF POLICE, HEAD OFFICE (HOME DEPARTMENT) MANGALAGIRI TOWN, GUNTUR DIST. 3. THE SUPERINTENDENT OF POLICE, MACHILIPATNAM, KRISHNA DIST. 4. THE CIRCLE INSPECTOR OF POLICE, PENAMALURU, KRISHNA DIST. 5. THE STATION HOUSE OFFICER, PENAMALURU PS, KRISHNA DIST. ...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 topleased to issue a writ or direction preferably writ of mandamus declaring the action of the of respondents more particularly 5TH respondent in not proceeding with the investigation and enquiry despite registering the crime FIR.NO.520/2023 dt03-07-2023, which was registered for the offence under Sec.409 IPC against accused is illegal, arbitrary, and violations of principles of natural justice and consequently direct the respondents to complete the investigation and file necessary final report before the court as early as possible 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 pleased to Direct the 5TH respondent to forthwith complete the investigation following due procedure of law and to file the report pursuant to the crime registered vide FIR.NO.520/2023 dt:03-07-2023 on the file of Penamalur P.S., Krishna District, which was registered for the offence under Sec.409 IPC, pending disposal of the main WP in the interest of justice. Counsel for the Petitioner: 1. M M M SRINIVASA RAO Counsel for the Respondent(S): 1. GP FOR HOME The Court made the following: THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 5704 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 or direction preferably writ of mandamus declaring the action of the of respondents more particularly 5TH respondent in not proceeding with the investigation and enquiry despite registering the crime FIR.NO.520/2023 dt03-07-2023, which was registered for the offence under Sec.409 IPC against accused is illegal, arbitrary, and violations of principles of natural justice and consequently direct the respondents to complete the investigation and file necessary final report before the court as early as possible and pass.…” 2. Heard Sri M.M.M. Srinivasa Rao, 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 police are not concluding the investigation in Cr.No.520 of 2023 of Penamaluru UPS, Krishna District, even after lapse of two years. 4. Learned Assistant Government Pleader for Home, on oral instructions, would submit that the investigation in this matter is still pending. 5. Considering the above said submissions, the Writ Petition is disposed of directing the police to conclude the investigation and file a report according to law, as expeditiously as possible, preferably within a period of three (03) months from the date of receipt of the 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: 09.12.2025. TVN HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.5704 of 2025 Dated.09.12.2025 TVN 271