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High Court of Andhra Pradesh · body

2025 DAILYLAW 58403 (AP)

P. Purushotham, v. State of Andhra Pradesh

WP/29862/2025 · 2025-10-30

Venkata Jyothirmai Pratapa

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Dr.VJP,J W.P.No.29862 of 2025 APHC010574782025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY,THE THIRTY FIRST DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 29862 OF 2025 Between: 1. P. Purushotham,, S/o. Subbarayudu, aged 62 years, Occ- Weaving, R/o. Seetharampeta Village, Pullampeta- Mandal, Annamayya District, Erstwhile Kadapa District. ...Petitioner AND 1. State of Andhra Pradesh, , Rep.by its principal Secretary to Government, Home Department, Secretariat, Velagapudi, Amaravati, Guntur District. 2. The Director General of Police, , Government of Andhra- Pradesh, Mangalagiri, Guntur District. 3. The Superintendent of Police, Annamayya District at Rayachoti. 4. The Additional Superintendent of Police, Rajampeta at Rajampeta, Annamayya District. 5. The Station House Officer, Pullampeta Police Station At Pullampeta, Pullampeta Mandal, Annamayya District. 6. Barremukala Venkata Subbaiah, S/o. Venkatesu, Aged 40 years, Occ- Business. 7. Ummadi Narendra, S/o. Venkata Ramana, Aged 38 years, Occ- Employee. Dr.VJP,J W.P.No.29862 of 2025 8. Gurram Penchalaiah, S/o. Subbaiah, Aged 38 years, Occ- Business. 9. Gurram Subbarayudu, S/o. Subbaiah, Aged 33 years, Occ- Business. (Respondent Nos. 6 to 9 are residents of Seetharampeta Village, Pullampeta Mandal, Annamayya District, Erstwhile Kadapa District ...Respondents 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 pleased to issue a writ order or direction more particularly one in the nature a WRIT OF MANDAMUS declaring the action of Respondents particularly Respondent No.5 in not investigating and not filing Charge Sheet in Crime/ FIR No. 73 of 2025, dated 03.06.2025 registered against Respondent Nos.6 to 9 under Sections 118(1) r/w. 3 (5) of Bharatiya Nyaya Sanhitha (in short BNS), 2023 on the file of 5th Respondent Police Station, as illegal, irregular and amounts to non-discharge of legal obligation conferred on the 5th Respondent under the provisions of Bhartiya Nagarik Suraksha Sanhita, 2023 and offends Articles 14 and 21 of the Constitution of India and consequently direct the Respondents particularly Respondent No. 5 to forthwith conduct fair and impartial investigation into the said crime and to file the final report/charge sheet before the competent Court in accordance with law and pass Counsel for the Petitioner: GARSIKUTI SRI RAJA VARDHAN Counsel for the Respondents: GP FOR HOME Dr.VJP,J W.P.No.29862 of 2025 The Court made the following 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 a WRIT OF MANDAMUS declaring the action of Respondents particularly Respondent No.5 in not investigating and not filing Charge Sheet in Crime/ FIR No. 73 of 2025, dated 03.06.2025 registered against Respondent Nos.6 to 9 under Sections 118(1) r/w. 3 (5) of Bharatiya Nyaya Sanhitha (in short BNS), 2023 on the file of 5th Respondent Police Station, as illegal, irregular and amounts to non-discharge of legal obligation conferred on the 5th Respondent under the provisions of Bhartiya Nagarik Suraksha Sanhita, 2023 and offends Articles 14 and 21 of the Constitution of India and consequently direct the Respondents particularly Respondent No. 5 to forthwith conduct fair and impartial investigation into the said crime and to file the final report/charge sheet before the competent Court in accordance with law...“ 2. Heard Sri G.Sri Raja Vardhan, learned counsel for petitioner and Sri V.Farook, learned Assistant Government Pleader for Home for respondents. 3. Learned counsel for petitioner would submit that though crime was registered on 03.06.2025, there is no progress in the investigation and charge sheet is also not filed. 4. As against that, learned Assistant Government Pleader for Home for respondents would submit that investigation is completed and charge Dr.VJP,J W.P.No.29862 of 2025 sheet is filed in respect of A1, A2 and A4. As far as A3 who is absconding, separate charge sheet will be filed. 5. Recording the same, the writ petition is disposed of. No order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed. ________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 31.10.2025 Dvs Dr.VJP,J W.P.No.29862 of 2025 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA 73 WRIT PETITION NO: 29862 of 2025 Date: 31.10.2025 Dvs