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2025 DAILYLAW 56963 (AP)

Raghurama Raju Nadimpalli, v. State of Andhra Pradesh,

WP/11928/2024 · 2025-11-30

Venkata Jyothirmai Pratapa

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Judgment text

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APHC010239582024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] MONDAY, THE FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 11928/2024 Between: 1. RAGHURAMA RAJU NADIMPALLI,, S/O. KRISHNAM RAJU AGED 30 YEARS, OCC CULTIVATION, R/O. D.NO.6-69, DOMMERU VILLAGE, KOVVUR MANDAL, EAST GODAVARI DISTRICT - 534350. ...PETITIONER AND 1. STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE SUPERINTENDENT OF POLICE, EAST GODAVARI DISTRICT AT RAJAMAHENDRAVARAM. 3. THE SUBDIVISIONAL POLICE OFFICER, KOVVUR, EAST GODAVARI DISTRICT. 4. THE INSPECTOR OF POLICE, ,KOVVUR CIRCLE POLICE STATION KOVVUR, EAST GODAVARI DISTRICT. 5. THE STATION HOUSE OFFICER, CHAGALLU POLICE STATION, CHAGALLU, EAST GODAVARI DISTRICT. 6. CHILUKURI SRIPATHI SASTRY, S/O. KAMESWARA SASTRY, AGED 62 YEARS, 7. CHILUKURI SURYA PRAKASH SASTRY, S/O. KAMESWARA SASTRY, AGED 60 YEARS, 2 8. CHILUKURI RAMBHADRA SASTRY, S/O. KAMESWARA SASTRY, AGED 58 YEARS 9. SIDDA SRINIVASA RAO, S/O. SURYA RAO, AGED 35 YEARS, 10. KANDRIGA HAREKRISHNA, ,S/O. VENKAT RAO, AGED 47 YEARS, 11. BORRA VENKANNA, S/O. APPA RAO, AGED 55 YEARS, 12. GANISETTI LAKSHMI NARASIMHA, S/O. VENKAT RAO, AGED 50 YEARS RESPONDENT NOS. 6 TO 12 ARE RESIDENTS OF MARKONDAPADU VILLAGE, CHAGALLU MANDAL, EAST GODAVARI 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 respondents particularly 5th respondent in not investigating and not filling Charge Sheet in Crime in F.I.R. No 180/2022, dated 20.09.2022 registered under Sections 447, 427, 323, 506 r/w 149 of I PC on the file of 5th respondent against respondents 6 to 12 on the petitioners' complaint dt. 20.09.2022 and not subjecting the offenders to arrest, as illegal, irregular and amounts to non-discharge of legal obligation conferred on the respondents under the provisions of Code of Criminal Procedure, 1973, Indian Penal Code, 1860 and offends Articles 14 and 21 of Constitution of India and consequently direct the 5th respondent to investigate into the crime and file charge sheet against the respondents 6 to 12 and prosecute the accused persons for appropriate offences under penal provisions of law by subjecting the offenders to the process of arrest and judicial remand and pass IA NO: 1 OF 2024 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 5th respondent to investigate into Crime/FIR No; 180/2022 dated 20.09.2022 registered against respondents 6 to 12 and file charge sheet against them, by subjecting the offenders to the process of arrest and judicial remand for appropriate offences under penal provisions of law, pending disposal of the main Writ Petition and pass Counsel for the Petitioner: 3 1. NIMMAGADDA REVATHI Counsel for the Respondent(S): 1. GP FOR HOME 4 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 5942 of 2024 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “…to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of respondents particularly 5th respondent in not investigating and not filling Charge Sheet in Crime in F.I.R. No.180/2022, dated 20.09.2022 registered under Sections 447, 427, 323, 506 r/w 149 of IPC on the file of 5th respondent against respondents 6 to 12 on the petitioners’ complaint dt.20.09.2022 and not subjecting the offenders to arrest, as illegal, irregular and amounts to non- discharge of legal obligation conferred on the respondents under the provisions of Code of Criminal Procedure, 1973, Indian Penal Code, 1860 and offends Articles 14 and 21 of Constitution of India and consequently direct the 5th respondent to investigate into the crime and file charge sheet against the respondents 6 to 12 and prosecute the accused persons for appropriate offences under penal provisions of law by subjecting the offenders to the process of arrest and judicial remand and to pass.…” 2. Heard Smt. Nimmagadda Revathi, learned counsel for the petitioner and Sri V.Farook, learned Assistant Government Pleader for Home. 3. When the matter is taken up for hearing, Sri V.Farook, learned Assistant Government Pleader for Home would submit that the present petition is filed only seeking a direction to the police to conclude the investigation and file a report in Crime No.180 of 2022, dated 20.09.2022 of Chagallu Police Station, East Godavari District as expeditiously as possible. 4. Considering the submissions, this Writ Petition is disposed of. However, the police are directed to conclude the investigation in the Crime No.180 of 5 2022, dated 20.09.2022 of Chagallu Police Station, East Godavari District and file a report according to law 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: 01.12.2025. SNI 6 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.11928 of 2024 Dated.01.12.2025 SNI 263