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2025 DAILYLAW 7966 (AP)

Boya Saroja v. The State of Andhra Pradesh

WP/4379/2025 · 2025-02-21

Venkata Jyothirmai Pratapa

body2025

Judgment text

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APHC010083592025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] FRIDAY, THE TWENTY FIRST DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION No. 4379 of 2025 Between: Boya Saroja ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. RAJA DAMOJI RAO Counsel for the Respondent(S): 1. GP FOR HOME 2. GP FOR REVENUE The Court made the following: ORDER: This Writ Petition is filed seeking indulgence of this Court under Article 226 of the Constitution of India to issue a Writ of Mandamus to declare the highhanded action of the Respondents 3 to 7 in not taking any action on the Report of the Petitioner dated 28.01.2025, 05.02.2025 and 10.02.2025 and more particularly, Respondent No.6 in threatening the Petitioner to modify the Report in favour of Respondent No.8 as illegal, arbitrary, misuse of Power, colourable exercise of power and contrary to the provisions and Rules in Code of Criminal Procedure and opposed to the settled principles of law and Consequently, direct Respondents 1 and 2 to initiate disciplinary action against Respondents 4 to 6. 2 2. Heard Sri T.Raja Damoji Rao, learned counsel for the Petitioner and learned Assistant Government Pleader for Home appearing for respondents. Perused the material on record. 3. When the matter is taken up, learned Assistant Government Pleader placed on record the Written Instructions dated 20.02.2025 given by the Inspector of Police, Devanakonda Police Station, Kurnool District to the effect that on the complaint given by the Petitioner, a case in Crime No.19 of 2025 is registered and now it is under investigation. For better appreciation, Written Instructions dated 20.02.2025 is extracted hereunder: It is respectfully submitted that the petitioner herein has filed the present writ petition seeking a Writ of Mandamus or direction more particularly one like Writ of Mandamus declaring the action of the Respondents 3 to 7 in failing to take legal action on the petitioner's report and to pass such other or further orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. It is pertinent to submit that the petitioner has given a typed petition, on 17.02.2025 and the same was received and registered as a case vide in Cr.No.19/2025 U/Sec.310(2), 333, 127(2) BNS of Devanakonda UPS, Kurnool District and being investigated by the SHO., Devanakonda UPS, Kurnool district. Now the case is under investigation to secure material evidence from the complainant/petitioner. 4. Learned counsel for the Petitioner would submit that the Court may pass appropriate orders. 5. In that view, the Writ Petition is disposed of. No order as to costs. Pending applications, if any, shall stand closed. DR.JUSTICE VENKATA JYOTHIRMAI PRATAPA Mjl/* 3 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA Writ Petition No. 4379 of 2025 21.02.2025 Mjl/*