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2025 DAILYLAW 57570 (AP)

DHEERAJ KUMAR v. THE STATE OF ANDHRA PRADESH

WP/33611/2022 · 2025-10-08

Venkata Jyothirmai Pratapa

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Judgment text

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APHC010549132022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY,THE NINTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 33611 OF 2022 Between: Dheeraj Kumar, S/o Halpani Hiralal, Occ; Business, aged about 46 years, Sri Venkareswaralya street, Sulluripeta Town and Mandal, (SPSR Nellore, Old) Tirupati District. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary Department, Secretariat Buildings Velagapudi, Amaravathi, District. Home Guntur 2. The Superintendent of Police, Tirupati Rural District. Tirupati. (Old SPSR Nellore Distract) 3. The Station House Officer, Sullurpeta, Sullurpeta Mandal, Tirupati _ District. (Old SPSR Nellore Distract) 4. Smt. Kuppa Nelamma, W/o Kuppa Radhaiah, Occ; House wife. Aged about 59 years. North of Sriharikota Road Kasavareddy Palem Cheruvukatta Sullurpet Town and Mandal, Tirupati District. 5. Jangiti Kuppaiah, S/o. Jangiti Sundaram, Occ., Aged about 46 North of Sriharikota Road, Kasavareddy Palem Cheruvukatta Town and Mandal, Tirupati District. years, Sullurpet ,1 - 6. Jangiti Kannaiah, S/o. Nacayana swamy, Occ: cultivation, Aged about 76 yrs, Kasavaredddy Palem Tank Bund SHAR Road, Sullupetta Town and Mandal, Tirupati Distriot: 7. Jangiti Vivekananda, S/o Kannaiah, Occ; Cultivation, Aged about 50 yrs, Kasavaredddy Palem Tank Bund SHAR Road, Sullupetta Town ^ and Mandal, Tirupati District. 8.* Jangiti Haribabu, S/o. Kaniiaiah, Occ: Cultivation, Aged about 44 yrs, Kasavaredddy Palem Tank Bund SHAR Road, Sullupetta Town and Mandal, Tirupati District. ...RESPONDENTS Va Petition under Article 226 pf 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 or any other appropriate Writ declaring the action of respondent No 3 in not conducting investigation against the respondents no 4 to 8 as per pending FIR Nos. 384,385 and 386 of 2018 dated 21.10.2018 respectively for the offence under section 193,465,468 and 469 r/w 34 IPC and not filed charge sheet in collusion with Respondent no 4 to 8 and also pressurizing to withdraw or to accept the terms and conditions as fixed by them is illegal, arbitrary violation, contrary to section 173 of Criminal procedure code besides Article 14, 19 and 21 of the Constitution of India and consequently direct the respondent no 3 to conduct investigation against Respondent no 4 to 8. r-‘ lA NO: 1 OF 2022 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 Respondent Nos.3 to conduct investigation against Respondent no 4 to 8 as per pending FIR Nos 384,385 and 386 of 2018 dated 21.10.2018 respectively for the offence under section 193,465,468 and 469 r/w 34 IPC forthwith. V Counsel for the Petitioner: SRI TATA Counsel for the Respondent Nos.lto 3: GP FOR HOME Counsel for the Respondent Nos.4 to 8:— The Court made the following order: SINGAIAH GOUD r \ \r' ■' r APHC010549132022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY,THE NINTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA [3396] WRIT PETITION No. 33611/2022 Between: 1.DHEERAJ KUMAR, S/O.HALPANI HIRALAL, OCC. BUSINESS, AGED ABOUT 46 YEARS, SRI VENKARESWARALYA STREET, SULLURIPETA TOWN AND MANDAL, (SPSR NELLORE,OLD) TIRUPATI DISTRICT. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT BUILDINGS VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2.THE SUPERINTENDENT OF POLICE, TIRUPATI RURAL DISTRICT. TIRUPATI. (OLD SPSR NELLORE DISTRACT) 3.THE STATION HOUSE OFFICER, SULLURPETA, SULLURPETA MANDAL TIRUPATI DISTRICT. (OLD SPSR NELLORE DISTRACT) 4.SMT KUPPA NELAMMA, W/0 KUPPA RADHAIAH OCC. HOUSE WIFE, aged about 59 YEARS NORTH OF SRIHARIKOTA ROAD, KASAVAREDDY PALEM CHERUVUKATTA SULLURPET TOWN AND MANDAL, TIRUPATI DISTRICT. 5.JANGITI KUPPAIAH, S/O. JANGITI SUNDARAM OCC., AGED ABOUT 46 YEARS, NORTH OF SRIHARIKOTA ROAD, KASAVAREDDY PALEM CHERUVUKATTA SULLURPET TOWN AND MANDAL, TIRUPATI DISTRICT. 6.JANGITI KANNAIAH, S/O. NARAYANA SWAMY OCC. CULTIVATION, AGED ABOUT 76 YRS, KASAVAREDDDY PALEM TANK BUND SHAR ROAD, SULLUPETTA TOWN AND MANDAL, irupati district. 7. JANGITI VIVEKANANDA, S/O.KANNAIAH OCC.CULTIVATION, AGED ABOUT 50 YRS KASAVAREDDDY PALEM TANK BUND SHAR ROAD, SULLUPETTA TOWN AND MANDAL, TIRUPATI DISTRICT. 8. JANGITI HARIBABU, S/O. KANNAIAH OCC. CULTIVATION, AGED ABOUT 44 YRS KASAVAREDDDY PALEM TANK BUND SHAR 2 road, sullupetta town and mandal. tirupati dislrict. ...RESPONDENT(S)- r.Trs-r tzS^T^P^ Constitution of India and consequently dCe;:'The Respondent "" Ra No'R OF 4 '0 8 and pass such SStHSpf= Nos.384,385 and 386 of 2018 dated 21 in on.n respecwRely for foe 469 r/w 34 I PC forthwith and to no 3 to offence under section 193,465,468 and pass such Counsel for the Petitioner: 1.TATA SINGAIAH GOUD Counsel for the Respondent(S): 1.GP FOR HOME (AP) 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, order or direction more particularly one in the nature of Writ of MANDAMUS or any other appropriate Writ declaring the action of respondent No.3 in not conducting investigation against the respondents 4 to 8 as per pending FIR Nos.384,385 and 386 of 2018 dated 21.10.2018 respectively for the offence under sections 193,465,468 and 469 r/w34 IPC and not filed charge sheet in collusion with Respondent no 4 to and also pressurizing to withdraw or to accept the terms and conditions as fixed by them is illegal, arbitrary violation, contrary to section 173 of Criminal procedure code besides Articles 14, 19 and 21 of the Constitution of India and consequently, direct respondent no.3 to conduct investigation against Respondents 4 to 8 and pass such 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. 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/- M SRINIVAS ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, The Principal Secretary, Home Department, State of Andhra Pradesh Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 1 ■A t 2. The Superintendent of Police, Tirupati Rural District. Tirupati. (Old SPSR Nellore Distract) 3. The Station House Officer, Sullurpeta, Sullurpeta Mandal, Tirupati District. (Old SPSR Nellore Distract) 4. One CC to Sri Tata Singaiah Goud, Advocate [OPUC] 5. Two CCs to GP for Home, High Court of Andhra Pradesh [OUT] 6. Two CD Copies. ssb HIGH COURT DATED;09/10/2025 ORDER WPNo. 33611 OF 2022 ^ 0 6 NOV 2025 Co SsCurrentSectioo;-^^ DISPOSING OF THE W.P. WITHOUT COSTS