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High Court of Andhra Pradesh · body

2025 DAILYLAW 57077 (AP)

Duwu Lakshmi, v. State of Andhra Pradesh,

WP/4016/2024 · 2025-11-30

Venkata Jyothirmai Pratapa

body2025

Judgment text

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APHC010073742024 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: 4016/2024 Between: 1. DUWU LAKSHMI,, W/O RAJU, AGED- 42 YEARS, OCC- MASON WORKER, R/O D.NO.9-255, DUWUPETAVILLAGE, GARA MANDAL, SRIKAKULAM DISTRICT. ...PETITIONER AND 1. STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. SUPERINTENDENT OF POLICE, SRIKAKULAM DISTRICT. 3. INSPECTOR OF POLICE, ONE TOWN POLICE STATION CIRCLE, OLD BUS STAND, SRIKAKULAM CITY, SRIKAKULAM DISTRICT. 4. STATION HOUSE OFFICER, GARA POLICE STATION, SRIKAKULAM 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 be pleased to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of respondents 2 to 4 in not taking up active investigation in FIR.No.276/2023, dt.27.12.2023 registered against the unknown persons for the offences punishable under Sections 454 and 380 of IPC on the file of 4th respondent by arresting the accused for the offences committed by them, as illegal, irregular, and 2 amounts to non-discharge of legal obligation conferred under the provisions of Code of Criminal Procedure, 1973 and violative of Article 14 of Constitution of India and consequently direct the respondents 2 to 4 to conduct investigation and file charge sheet against accused in the said crime, by subjecting them to arrest on 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 respondents 2 to 4 to complete the investigation in;FIR.No.276/2023, dt.27.12.2023 registered against the accused for the offences punishable under Sections 454 and 380 of IPC on the file of 4“^ respondent by arresting the accused for the offences committed by them expeditiously, pending disposal of main Writ Petition and pass Counsel for the Petitioner: 1. SRINIVAS AMBATI Counsel for the Respondent(S): 1. SRINIVAS AMBATI Counsel for the Respondent(S): 1. GP FOR HOME 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 4016 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 2 to 4 in not taking up active investigation in FIR.No.276/2023, dt.27.12.2023 registered against the unknown persons for the offences punishable under Sections 454 and 380 of IPC on the file of 4th respondent by arresting the accused for the offences committed by them, as illegal, irregular and amounts to non-discharge of legal obligation conferred under the provisions of Code of Criminal Procedure, 1973 and violative of Article 14 of Constitution of India and consequently direct the respondents 2 to 4 to conduct investigation and file charge sheet against accused in the said crime, by subjecting them to arrest on judicial remand and to pass.…” 2. Heard Sri Srinivas Ambati, 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.276 of 2023, dated 27.12.2023 of Gara Police Station, Srikakulam 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 No276 of 2023, dated 27.12.2023 of Gara Police Station, Srikakulam District and file a report according to law as expeditiously as possible preferably within a period 4 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 5 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.4016 of 2024 Dated.01.12.2025 SNI 238