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High Court of Andhra Pradesh · body

2025 DAILYLAW 9532 (AP)

Bona Vijaya Durga v. The State of Andhra Pradesh,

WP/6535/2020 · 2025-09-08

Venkata Jyothirmai Pratapa

body2025

Judgment text

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APHC010105462020 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) TUESDAY,THE NINTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION Between: 1. Bona Vijaya Durga, , W/o Sai Sri Vastav, Aged 24 years, Occ. Housewife, Rio Garapati Vari Street, Amalapuram Town, East Godavari District 1. The State of Andhra Pradesh, Rep. by the Principal Secretary, Ho Department, A.P. Secretariat, Velagapudi, Amaravathi, Thulluru Mandal, Guntur District. 2. The Station House Officer/ Circle Inspector, Amalapuram Town Police Station, Amalapuram Town and Municipality, East Godavari District. 3. Sri Borra Sai Sri Vastav, S/o Shiridi Sai Baba, Aged about 30 years, Occ. Employee, R/o H.No. 6-4 Amalapuram Town and Municipality, East Godavari District. 4. Borra Sarada, W/o Shiridi Sai Baba, Aged about 50 years, Occ. House Rio H.No. 6-4-11, Mahipal Street, Besides American Hospital, Amalapuram Town and Municipality, East Godavari District. 1 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY,THE NINTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 6535 OF 2020 1. Bona Vijaya Durga, , W/o Sai Sri Vastav, Aged 24 years, Occ. Housewife, Rio Garapati Vari Street, Amalapuram Town, East Godavari District ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by the Principal Secretary, Ho Department, A.P. Secretariat, Velagapudi, Amaravathi, Thulluru Mandal, 2. The Station House Officer/ Circle Inspector, Amalapuram Town Police Station, Amalapuram Town and Municipality, East Godavari District. av, S/o Shiridi Sai Baba, Aged about 30 years, Occ. 4-11, Mahipal Street, Besides American Hospital, Amalapuram Town and Municipality, East Godavari District. 4. Borra Sarada, W/o Shiridi Sai Baba, Aged about 50 years, Occ. House 11, Mahipal Street, Besides American Hospital, Amalapuram Town and Municipality, East Godavari District. IN THE HIGH COURT OF ANDHRA PRADESH THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA 1. Bona Vijaya Durga, , W/o Sai Sri Vastav, Aged 24 years, Occ. Housewife, Rio Garapati Vari Street, Amalapuram Town, East Godavari District ...Petitioner 1. The State of Andhra Pradesh, Rep. by the Principal Secretary, Home Department, A.P. Secretariat, Velagapudi, Amaravathi, Thulluru Mandal, 2. The Station House Officer/ Circle Inspector, Amalapuram Town Police Station, Amalapuram Town and Municipality, East Godavari District. av, S/o Shiridi Sai Baba, Aged about 30 years, Occ. 11, Mahipal Street, Besides American Hospital, 4. Borra Sarada, W/o Shiridi Sai Baba, Aged about 50 years, Occ. Housewife, 11, Mahipal Street, Besides American Hospital, Amalapuram 2 5. Borra Shiridi Sai Baba, S/o Ganapathi Rao, Aged about 56 years, Occ. Business, Rio H.No. Mahipal Street, Besides Ameri, Hospital, Amalapuram I own and Municipality, East Godavari District. 6. Borra Sri Karthik, S/o Shiridi Sai Baba, Aged about 27 years, Occ. Employee, R/o H.No. 6-4-11, Mahipal Street, Besides American Hospital, Amalapuram Town and Municipality, East Godavari 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 to issue a Writ, order or direction more fully one in the nature of Writ of Mandamus declaring the action of the 2nd respondent in dodging investigation of the Crime dated 29-11-2019 in FIR No. 271 of 2019 on the file of Amalapuram Town Police Station, Amalapuram Town and Municipality, East Godavari District as biased, illegal, void and consequently direct the 2nd respondent investigate the above Crime properly in accordance with law without further delay to meet the ends of justice 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 direct the 2nd respondent to follow the due process of law forthwith to take appropriate action against the respondents 3 to 6 for their offences towards the petitioner in pursuance of the Crime dated 29-11-2019 in FIR No. 271 of 2019 on the file of Amalapuram Town Police Station, Amalapuram Town & Municipality, East Godavari District in the interest of justice, pending disposal of the above writ petition Counsel for the Petitioner: GADE VENKATESWARA RAO Counsel for the Respondents: GP FOR HOME (AP) 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 6535 OF 2020 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 fully one in the nature of Writ of Mandamus declaring the action of the 2nd respondent in dodging investigation of the Crime dated 29-11-2019 in FIR No. 271 of 2019 on the file of Amalapuram Town Police Station, Amalapuram Town and Municipality, East Godavari District as biased, illegal, void and consequently direct the 2nd respondent investigate the above Crime properly in accordance with law without further delay to meet the ends of justice....” 2. It is represented that the counsel on record is no more, and as seen from the record, this petition has been filed seeking a direction to the police to complete the investigation relating to Crime No. 271 of 2019, dated 29.11.2019, registered at Amalapuram Town Police Station, Amalapuram Town & Municipality, East Godavari District. 3. The learned Assistant Government Pleader appearing for the respondents submits that this Court may pass appropriate orders in the matter. 4. Considering the submissions made and having regard to the pendency of investigation in the above crime, this Court deems it appropriate to issue a direction to the respondent–police. Accordingly, the 2nd respondent is directed to conclude the investigation in Crime No. 271 of 2019 and file a final report/charge-sheet in accordance with law within a period of two (2) months from the date of receipt of a copy of this order, if not already filed as on today. 4 5. With the above direction, this Writ Petition is disposed of. There shall be no order as to costs. 6. As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 09.09.2025 KKV 5 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA 446 W.P.No.6535 of 2020 Dt.09.09.2025 KKV 6