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High Court of Andhra Pradesh · body

2025 DAILYLAW 57397 (AP)

PONNAGANTI PARVATHI DEVI v. THE STATE OF ANDHRA PRADESH

WP/18953/2023 · 2025-10-08

Venkata Jyothirmai Pratapa

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Judgment text

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f APHC010368842023 MX* IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY,THE NINTH DAY OF OCTOBEr|S^^^^ TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 18953 OF 2023 Between: Ponnaganti Parvathi Devi, W/o Venkat Rao, aged 54 years, Hindu, Private Teacher, R/o Door No. 7/230-13-4, 6th Lane, 2nd Cross Road, Sujatha Nagar, Ongole Town, Prakasam District, A.P ...Petitioner AND 1. The State Of Andhra Pradesh, Government, Amaravati, Guntur District, A.P. 2. The Director General of Police, Andhra Pradesh, Police Head Quarters, Mangaiagiri, Guntur District, A.P. 3. The Superintendent of Police, Prakasam District, Ongole. 4. The Deputy Superintendent of Police, Ongole Division, Ongole, Prakasam District, A.P. 5. The Inspector of Police, Ongole Taluk Police Station, Ongole, Prakasam District, A.P. 6. The Inspector of Police, Ongole I Town Police Station, Ongole, Prakasam District, A.P. Rep. by its Principal Secretary to Home Department, Secretariat Buildings, Velagapudi ...Respondents ▼ Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court pleased to issue a writ in the nature of a writ of Mandamus may be or any other appropri^ity'writ, direction, order or orders declaring the inaction on the part of the resp^ijdent No.5 in conducting and completing investigation 228 of,2'018 of Ongole Taluka Police Station, Prakasam District for the offences punishable under Sections 143, 147'* 354 06-2018 at 11-15 a.m and filing charge sheet under Section Code of Criminal Procedure, 1973 in Crime No. 324 R/w.149 I PC on 04- 173 (2) of the as arbitrary, illegal and consequently direct the respondent No.5 to conduct investigation in the above crime number, the said witnesses may be examined and necessary added as List of witnesses for the above-said proceedings and file charge sheet forthwith jurisdictional Court, contrary to the law, without the before the process of law and against and affected her rights of India. principles of natural justice and the rule of law guaranteed under Articles 14, 16, 19 and 21 of the Constitution lA NO: 1 OF 207.'^ Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court direct the respondents call for the entire may be pleased to proceedings of case dairy and record Station, Prakasam District 143, 147, 354, 324 R/w.149 IPC in Crime No. 228 of 2018 of Ongole Taluka Police for the offences punishable under Sections on 04-06-2018 at 18-30 hrs., and consequently direct the respondent No.5 to may be examined and conduct and complete investigation the said witnesses necessary added as List of witnessesTor the above-said charge sheet under Section 173 (2) of the Code of Criminal forthwith before the jurisdictional Court proceedings and file Procedure, 1973 pending disposal of the main writ petition. 1 Counsel for the Petitioner: SRI SS RAMA KRISHNA PRASAD Counsel for the Respondent Nos.1 to 6: GP FOR HOME The Court made the following P APHC010368842023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY.THE NINTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION No. 18953/2023 Between: 1.PONNAGANTI PARVATHI DEVI, W/O.VENKAT RAO, AGED 54 YEARS, HINDU, PRIVATE TEACHER, R/O.DOOR NO.7/230-13-4, 6TH LANE, 2ND CROSS ROAD, SUJATHA NAGAR, ONGOLE TOWN, PRAKASAM DISTRICT, A.P ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, HOME DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI,AMARAVATI, GUNTUR DISTRICT, A.P. 2.THE DIRECTOR GENERAL OF POLICE, ANDHRA PRADESH, POLICE HEAD QUARTERS, MANGALAGIRI, GUNTUR DISTRICT, A.P. 3.THE SUPERINTENDENT OF POLICE, PRAKASAM DISTRICT, ONGOLE. 4.THE DEPUTY SUPERINTENDENT OF POLICE, ONGOLE DIVISION, ONGOLE, PRAKASAM DISTRICT, A.P. 5.THE INSPECTOR OF POLICE, ONGOLE TALUK POLICE STATION, ONGOLE, PRAKASAM DISTRICT, A.P. 6.THE INSPECTOR OF POLICE, ONGOLE I TOWN POLICE STATION, ONGOLE, PRAKASAM DISTRICT, A.P. ...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 in the nature of a writ of Mandamus or any other appropriate writ, direction, order or orders declaring the inaction on the part of the respondent No.5 in conducting and completing investigation in Crime No.228 of 2018 of Ongole Taluka Police Station, Prakasam District for the offences punishable under Sections 143, 147, 354, 324 R/w.149 IPC on 04-06-2018 at 11-15 a.m and filing charge sheet under Section 173 (2) of the Code of Criminal Procedure, 1973 as arbitrary, illegal and consequently direct the respondent No.5 to conduct investigation in the 2 % above crime number, the said witnesses may be examined and necessary added as List of witnesses for the above-said proceedings and file charge sheet forthwith before the jurisdictional Court, contrary to the law, without the process of law and against principles of natural justice and the rule of law and affected her rights guaranteed under Articles 14, 16, 19 and 21 of the Constitution of India and pass lA NO: 1 OF 2023 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 call for the entire proceedings of case dairy and record in Crime No.228 of 2018 of Ongole Taluka Police Station, Prakasam District for the offences punishable under Sections 143, 147, 354, 324 R/w.149 IPC on 04.06.2018 at 18-30 hrs., and consequently direct the respondent No.5 to conduct and complete investigation the said witnesses may be examirted and necessary added as List of witnesses for the above-said proceedings and file charge sheet under Section 173 (2) of the Code of Criminal Procedure, 1973 forthwith before the jurisdictional Court, pending disposal of the main writ petition and pass Counsel for the Petitioner: 1.SS RAMA KRISHNA PRASAD Counsel for the Respondent(S): 1.GP FOR HOME 3 The Court made the following: ORDER: The instant Writ Petition is filed by the Petitioner seeking indulgence of this Court under Article 226 of the Constitution of India for the following relief: ''....to issue a writ in the nature of a writ of Mandamus or any other appropriate writ, direction, order or orders declaring the inaction on the part of the respondent No.5 in conducting and completing investigation in Crime No.228 of 2018 of Ongole Taluka Police Station, Prakasam District for the offences punishable under Sections 143, 147, 354, 324 R/w.149 IPC on 04-06-2018 at 11-15 a.m and filing charge sheet under Section 173 (2) of the Code of Criminal Procedure, 1973 as arbitrary, illegal and consequently direct the respondent No.5 to conduct investigation in the above crime number, the said witnesses may be examined and necessary added as List of witnesses for the above-said proceedings and file charge sheet forthwith before the jurisdictional Court, contrary to the law, without the process of law and against principles of natural justice and the rule of law and affected her rights guaranteed under Articles 14, 16, 19 and 21 of the Constitution of India and pass ..." Heard learned counsel for the Petitioner and learned Government Pleader for Home appearing for respondent/State. Perused the material on record. Learned counsel for the Petitioner would submit that investigation is not completed and the police did not file final report so far and that appropriate orders may be passed by disposing of this Writ Petition. Learned Government Pleader for Home would submit that the Court may pass appropriate orders. 4 P In that view, this Writ Petition is disposed of. Respondent Police are directed to conclude the investigation and file charge sheet/final report relating to the subject crime within a period of two months from the date of receipt of a copy of this Order, if not filed so far. No order as to costs. Pending applications, if any, shall stand closed. Sd/- SRI T. SRI NIVASA RAO ASSISTANT REGISTRY //TRUE COPY// SECTION OFFICER To, . The Principal Secretary to Government, Home Department, Secretariat Buildings, Velagapudi, Amaravati, Guntur District, A.P. 2. The Director, General of Police, Andhra Pradesh, Police Head Quarters, Mangalagiri, Guntur District, A.P. Superintendent of Police, Prakasam District, Ongole. Deputy Superintendent of Police, Ongole Division, Ongole, Police Station, Ongole, 1 3. The 4. The Prakasam District, A.P. of Police, Ongole Taluk 5. The Inspector Prakasam District, A.P. Police Station, Ongole, of Police, Ongole I Town 6. The Inspector Prakasam District, A.P. 7. One CC to SRI. SS 8. Two CCS to GP FOR 9. Two CD Copies. RAMA KRISHNA PRASAD Advocate [OPUC] HOME High Court of Andhra Pradesh [OUT] AL HIGH COURT DATED:09/10/2025 ORDER WP NO. 18953 OF 2023 DISPOSING OF THE W.P. WITHOUT COSTS