Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 59005 (AP)

Vadaparthi Venkata Srinivasa Rao, v. The State of Andhra Pradesh

WP/35664/2025 · 2025-12-28

Venkata Jyothirmai Pratapa

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010696832025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] MONDAY, THE TWENTY NINETH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 35664/2025 Between: 1. VADAPARTHI VENKATA SRINIVASA RAO,, S/O. V. SESHU BABU, AGED 40 YEARS, R/O. D.NO. 6-13/1-65, GOLLAPALEM GATTU, NEAR QUARRY, ONE TOWN, VIJAYAWADA- 520001, N.T.R DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, , DEPARTMENT OF HOME AFFAIRS, REP. BY ITS PRINCIPAL SECRETARY, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT-522501 2. THE DIRECTOR GENERAL OF POLICE DGP, ANDHRA PRADESH, DGP OFFICE, MANGALAGIRI, GUNTUR DISTRICT-522501 3. THE DIRECTOR GENERAL OF PRISONS AND CORRECTIONAL SERVICES, , ANDHRA PRADESH, MANGALAGIRI, GUNTUR DISTRICT-522501 4. THE DISTRICT COLLECTOR AND DISTRICT MAGISTRATE, , KRISHNA DISTRICT, COLLECTORATE OFFICE, MACHILIPATNAM- 521101 5. THE COMMISSIONER, VIJAYAWADA POLICE COMMISSIONERATE, N.T.R DISTRICT- 521101 6. THE SUPERINTENDENT OF JAIL, KRISHNA DISTRICT JAIL, VIJAYAWADA, N.T.R DISTRICT- 521101 2 7. THE STATION HOUSE OFFICER, TRAFFIC I POLICE STATION, VIJAYAWADA, N.T.R DISTRICT- 521101 ...RESPONDENT(S): Counsel for the Petitioner: 1. KILARU NITHIN KRISHNA Counsel for the Respondent(S): 1. GP FOR HOME 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 35664/2025 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “…to issue an appropriate writ, order or direction, more particularly one in the nature of Writ of Mandamus, declaring the inaction of the respondents herein in not conducting a fair, transparent investigation on the incident of suspicious custodial death of the petitioner's younger brother Sri Vadaparthi Gangadhar Tilak, occurred on 08/03/2024 in the District Jail, Vijayawada, Krishna District till date, as arbitrary, unreasonable, in violation of Article 14 and 21 of the Constitution of India and consequentially entrust the investigation in Crime No.60 of 2024 (registered under Section 176 Cr.P.C.) to an independent and impartial investigating agency, such as the Central Bureau of Investigation (CBI) or the Crime Investigation Department (CID), under the direct supervision of this Hon’ble Court.…” 2. Heard Sri K.Nithin Krishna, learned counsel for the petitioner and Sri.P.Ajay Babu, learned Assistant Government Pleader for Home for the official respondents. 3. Learned counsel for the petitioner would submit that the petitioner’s brother was in police custody dated 07.03.2024. He would further submit that on the very next day i.e., on 08.03.2024, the petitioner’s brother died. There is no information furnished to the petitioner regarding the death of his brother and the stage of the investigation in that matter. 4. Learned Assistant Government Pleader for Home, on instructions, would submit that the petitioner’s brother died while undergoing sentence of 10 days imprisonment in the case vide STC.No.524 of 2024 wherein the 4 deceased was caught by the police while driving the Auto in drunken condition. Learned Assistant Government Pleader for Home would further submit that Cr.No.60 of 2024 was registered on 08.03.2024 under Section 176 of Cr.P.C., regarding the death of the petitioner’s brother Sri Vadaparthi Gangadhar Tilak, while undergoing sentence in the District Jail, Vijayawada. He would further submit that postmortem was conducted on the body of the deceased and the doctors gave their opinion to the effect that the death may be due to chronic heart disease or any other natural diseases. Learned Assistant Government Pleader for Home, would further submit that the investigation is almost completed and the questionnaire was forwarded to the Board of Doctors. Soon after, receipt of the same, the case will be finalized as per its merits. 5. Considering the submissions, this Writ Petition is disposed of. However, the respondent-police is directed to conclude the investigation and take appropriate steps and communicate the progress of the case which is registered under 175 of Cr.P.C., to the petitioner who is the brother of the deceased. No order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 29.12.2025. UPS 5 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 35664/2025 Dated.29.12.2025 UPS 135