APHC010327362026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WRIT APPEAL NO: 805 of 2026 Bench Sr.No:-30 [3584] Udina Pydi Raju ...Appellant Vs. The State of Andhra Pradesh and others ...Respondents ********** CORAM : THE CHIEF JUSTICE LISA GILL SRI JUSTICE CHALLA GUNARANJAN DATE : 22th September 2026 Present : Advocate for Appellant(s) : Mr. Mocherla Udayabhaskar Advocate for Respondent(s) : GP for Home LISA GILL, CJ. Appellant / writ petitioner had filed W.P. No.28140 of 2025 with following prayer: “pleased to issue an appropriate Writ, Order or Direction, preferably one in the nature of a Writ of Mandamus, declaring the prolonged inaction of Respondent No.5 in not forwarding the Final/Closure Report under Section 173(2) Cr.P.C. as arbitrary, illegal and violative of Articles 14 and 21 of the Constitution of India and consequently direct Respondent No. 2 and 3 to initiate disciplinary proceedings against Respondent No.4 and 5 for willful dereliction of duty as set out hereinabove and consequently direct the Respondents to submit the Final Report/Closure Report of Cr. No. 391/2011 of Gajuwaka Police Station before the learned III ACMM, Visakhapatnam after investigating the witnesses referred by the Petitioner within a time to be fixed by this Honble Court and to pass” 2. Said writ petition was disposed of by learned Single Bench taking note of statement made by learned Assistant Government Pleader for Home 2 W.A.No.805 of 2026 to the effect that final report had been submitted on 25.06.2013, which was returned on 29.06.2013 and that objections raised were not removed earlier but final report would be re-submitted expeditiously. Respondent police authorities were directed to remove objections raised by Court on final report, which was returned on 29.06.2013, on or before 02.01.2026. 3. Learned counsel for appellant vehemently argues that police authorities have been completely derelict in their duty. F.I.R. No.391 of 2011 was registered on the basis of complaint made by writ petitioner in respect to theft committed in their house on 10.07.2011. Appellant has been moving from pillar to post for having final report submitted. Undetected report had been purportedly submitted earlier, though appellant was never aware of same. 4. Learned counsel for appellant has referred to endorsement dated 21.11.2024, to submit that stand of respondents to the effect that final report was submitted on 25.06.2013 is incorrect. Necessary action should have been taken against concerned police officials and writ petition filed by appellant has been incorrectly disposed of while directing the official respondents to present the final report. 5. Learned Government Pleader for Home while objecting to maintainability of writ appeal in view of judgment of Hon’ble the Supreme Court in Ram Kishan Fauji Vs. State of Haryana and others, (2017) 5 SCC 533 submits that even on merits impugned order dated 17.12.2025 has been correctly passed. Final report under Section 173(2) Cr.P.C. was submitted on 3 W.A.No.805 of 2026 29.06.2013 duly recording that no further clues were forthcoming in respect to theft which is alleged to have been conducted in appellant’s residence and that whenever any clue comes to fore, the matter would be reopened. 6. Complainant had refused to take notice from I.O., however, in compliance of order dated 17.12.2025, final report was presented before learned III Additional Chief Judicial Magistrate Court, though on 05.01.2026 vide DDR No.77/2026 dated 05.01.2026. Dismissal of writ appeal was thus sought. 7. We have heard learned counsel for parties and have perused the file. 8. Admittedly FIR in Cr.No.391 of 2011 was registered on the basis of statement of appellant regarding theft committed at his residence by two unknown persons. 9. It is the case of respondents that final report under Section 173(2) Cr.P.C. submitted on 25.06.2013 was returned on 29.06.2013. W.P.No.28140 of 2025 was filed by appellant in the month of October 2025 with the prayer as noted in foregoing paras. Learned Single Bench had directed police authorities to comply with objections raised by Court in respect to final report returned on 29.06.2013. Photocopy of said endorsement was presented in Court at the time of hearing, with a copy thereof to learned counsel for appellant. 4 W.A.No.805 of 2026 10. It is admitted that final report has now been filed on 05.01.2026. Appellant is at liberty to avail the remedies available to him in accordance with law. He is unable to point out any ground to cause interference in exercise of appellate jurisdiction for directing initiation of disciplinary proceedings against respondent Nos.4 & 5 at this stage. 11. Writ Appeal is accordingly disposed of with liberty to appellant to avail the remedies available to him in accordance with law. No costs. Consequently, connected miscellaneous applications, if any, shall stand disposed of. LISA GILL, CJ CHALLA GUNARANJAN, J akn/kbs Whether the order is Speaking/Reasoned : Yes Whether the order is Reportable : Yes / No 5 W.A.No.805 of 2026 136 HON’BLE MRS. JUSTICE LISA GILL, CHIEF JUSTICE & HON’BLE MR. JUSTICE CHALLA GUNARANJAN W.A.No.805 of 2026 Dt: 22.09.2026 akn/kbs