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2025 DAILYLAW 8103 (AP)

Pericharla Satya Subba Varahala Raju v. The State of Andhra Pradesh

WP/5333/2020 · 2025-09-11

Venkata Jyothirmai Pratapa

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Judgment text

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APHC010084872020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] FRIDAY, THE TWELFTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION No. 5333/2020 Between: 1. PERICHARLA SATYA SUBBA VARAHALA RAJU, S/O.VENKATAPATHI RAJU, HINDU, AGED ABOUT 65 YEARS, OCC.CULTIVATION, R/O.YENDAGANDI VILLAGE, UNDI MANDAL, WEST GODAVARI DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPLE SECRETARY, HOME DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI AT AMARAVATHI, GUNTUR DISTRICT. 2. THE SUPERINTENDENT OF POLICE, WEST GODAVARI DISTRICT AT ELURU. 3. THE STATION HOUSE OFFICER, UNDI POLICE STATION, WEST GODAVARI DISTRICT. ...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 or order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the inaction of the Respondents herein particularly Respondent No.3 in conducting the investigation in Crime No.284 of 2019 though the same was registered on 07.11.2019 referred under Section 156 (3) of Cr.P.C. by the Hon'ble II Additional Judicial First Class Magistrate, Bhimvaram, West Godavari District as nothing but illegal, arbitrary, erroneous, high handed and violative of the procedure contemplated under The Code of Criminal Procedure apart from violative of Article 21 of the Constitution of India and consequently direct the Respondent Nos.2 and 3 to complete the investigation in Crime No.284 of 2019 pending on the file of the Respondent No.3 and file the final report before the H Additional Judicial First Class Magistrate, Bhimvaram, West Godavari District forthwith and pass 2 Counsel for the Petitioner: 1. A K KISHORE REDDY 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 or order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the inaction of the Respondents herein particularly Respondent No.3 in conducting the investigation in Crime No.284 of 2019 though the same was registered on 07.11.2019 referred under Section 156 (3) of Cr.P.C. by the Hon'ble II Additional Judicial First Class Magistrate, Bhimvaram, West Godavari District as nothing but illegal, arbitrary, erroneous, high handed and violative of the procedure contemplated under The Code of Criminal Procedure apart from violative of Article 21 of the Constitution of India and consequently direct the Respondent Nos.2 and 3 to complete the investigation in Crime No.284 of 2019 pending on the file of the Respondent No.3 and file the final report before the H Additional Judicial First Class Magistrate, Bhimvaram, West Godavari District forthwith and pass ...” Heard learned counsel for the Petitioner and learned Assistant Government Pleader for Home appearing for respondent State. Perused the material on record. The grievance of the Petitioner is that investigation of the subject is still pending and final report is not yet filed and would submit that this Writ Petition may be disposed of by passing appropriate orders. Learned Assistant Government Pleader for Home would submit that appropriate directions may be given to respondent Police by disposing of this Writ Petition. 3 In the light of the submissions made, this Writ Petition is disposed of. Respondent Police shall conclude the investigation and file charge sheet according to law if not filed so far, as expeditiously as possible preferably within a period of one month from the date of receipt of a copy of this Order. No order as to costs. Pending applications, if any, shall stand closed. DR.JUSTICE VENKATA JYOTHIRMAI PRATAPA Mjl/* 4 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA Writ Petition No. 5333 of 2020 12.09.2025 Mjl /*