APHC010100862020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] WEDNESDAY,THE TENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 6090/2020 Between: 1. KORRAPATI MAHESWARA RAO, S/O CHINA KONDAPU NAIDU AGED ABOUT 53 YEARS, R/O VIENTO 701B, LODHA GOLF LINKS, PALLAVA CITY, NILJE GAU, MAHARASTRA-400 709 ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT,VELAGAPUDI, AMARAVATI GUNTUR DISTRICT. 2. THE SUPERINTENDENT OF POLICE DISTRICT POLICE OFFICE, DARGAMITTA NELLORE, SPSR NELLORE DISTRICT. 3. THE CIRCLE INSPECTOR OF POLICE, KAVALI RURAL, NELLORE SPSR NELLORE DISTRICT. 4. THE STATION HOUSE OFFICER, KAVALI RURAL POLICE STATION KAVALI, SPSR NELLORE DISTRICT. 5. KORRAPATI MURALIDHAR RAO, S/O CHINA KONDAPA NAIDU, AGED ABOUT 52 YEARS, R/O MUSUNURU VILLAGE, KAVALI RURAL MANDAL, SPSR NELLORE DIST. 6. KORRAPATI MADHAVA RAO, S/O CHINA KONDAPA NAIDU, AGED 50 YEARS, R/O MUSUNURU VILLAGE, KAVALI RURAL MANDAL, SPSR NELLORE DIST. 7. BOTLAGUNTA SRIHARI NAIDU, S/O YANADI NAIDU, AGED 60 YEARS, R/O MUSUNURU VILLAGE, KAVALI RURAL MANDAL, SPSR NELLORE DIST. 8. KORRAPATI KALYANI, W/O MURALIDHAR RAO, AGED 40 YEARS, R/O MUSUNURU VILLAGE, KAVALI MANDAL SPSR NELLORE DISTRICT. 9. BOTLAGUNTA JAYAMMA, W/O SRIHARI NAIDU, AGED 61 YEARS, R/O MUSUNURU VILLAGE, KAVALI RURAL MANDAL, SPSR NELLORE DIST. 10. BOTLAGUNTA VENKAIAH, S/O CHINNAIAH, AGED 61 YEARS, R/O MUSUNURU VILLAGE, KAVALI RURAL MANDAL, SPSR NELLORE DIST ...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 toto issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the inaction of the respondent No. 2 herein in taking action against the 4th respondent for his improper investigation in Cr.No.298/2018 in collusion with the accused persons and filing charge sheet bearing C.C.No.573/2018 on the file of the Addl. JFCM, Kavali without examining the real witnesses and changing the complaint and the place of offence and to re-investigate into the said case and to punish the accused in accordance with Law inspite of the written representation dt. 20-11-2018 followed by personal visits, as being illegal, arbitrary, unjust and unconstitutional and consequently direct the 2nd respondent to direct the 3rd respondent to re-investigate into the above said case and take disciplinary against the 4th respondent for his illegalities and mis-deeds , to take necessary action against 8th respondent for giving false complaint as a counter blaster to real offence and to grant IA NO: 1 OF 2020 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 grant stay of all further proceedings in C.C.No. 573 of 2018 on the file of the Addl. Judicial First Class Magistrate, Kavali, pending disposal of the main Writ Petition, and to pass Counsel for the Petitioner: 1. KOMARA PRUDHVI RAJ Counsel for the Respondent(S): 1. GP FOR HOME (AP) The Court made the following: THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 6090 of 2020 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “…pleased to issue an appropriate Writ Order or Direction more particularly one in the nature of Writ of Mandamus declaring the inaction of the respondent No 2 herein in taking action against the 4th respondent for his improper investigation in Cr No 298/2018 in collusion with the accused persons and filing charge sheet bearing C C No 573/2018 on the file of the Addl JFCM Kavali without examining the real witnesses and changing the complaint and the place of offence and to reinvestigate into the said case and to punish the accused in accordance with Law inspite of the written representation dt 20112018 followed by personal visits as being illegal arbitrary unjust and unconstitutional and consequently direct the 2nd respondent to direct the 3rd respondent to reinvestigate into the above said case and take disciplinary against the 4th respondent for his illegalities and misdeeds to take necessary action against 8th respondent for giving false complaint as a counter blaster to real offence and to grant.…” 2. Heard Sri S.Ganesh Babu, learned counsel for the petitioner and Sri V.Farooq, learned Assistant Government Pleader for Home for the respondents. 3. Learned counsel for the petitioner would submit that police have not concluded the investigation in Crime No.298 of 2018 dated 20.06.2018 on the file of Kavali Rural Police Station, Nellore District, till date. Learned counsel would further submit that a direction may be given to the respondent-police to conclude the investigation. 4. Learned Assistant Government Pleader would submit that investigation has been completed and charge sheet was also filed in the matter and the matter is coming up for trial. He further submitted that the Court may pass appropriate orders. 5. Considering the submissions, since the matter is coming up for trial before the trial Court, the Writ Petition is disposed of. however, the petitioner can assist the prosecution before the trial Court and pursue the matter. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. ___________________________________ Dr.VENKATA JYOTHIRMAI PRATAPA, J Date: 10th September, 2025 RKS