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2026 DAILYLAW 14948 (AP)

NULAKANI NELARAJU v. THE STATE OF AP

WP/1620/2026 · 2026-01-28

Y Lakshmana Rao

body2026

Judgment text

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APHC010017082026 IN THE HIGH COURT OF ANDHRA PRADESH THURSDAY,THE TWENTY NINETH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO: Between: 1. NULAKANI NELARAJU, S/O NULAKANI RAMA RAO, 37 YEARS, R/O H. NO. 5-11, SAYAMPALEM VILLAGE, T. NARASAPURAM MANDAL, BORRAMPALEM PO, ELURU DISTRICT 4969 2746 0386,PH. 7729815666 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT 2. THE DIRECTOR GENERAL OF POLICE, ANDHRA PRADESH, POLICE HEADQUARTERS, MANGALAGIRI, GUNTUR DISTRICT 522 503 3. THE SUPERINTENDENT OF POLICE, ELURU DISTRICT, COLLECTORATE COMPOUND, ELURU 4. THE DEPUTY SUPERINTENDENT OF POLICE / SPDO, JANGAREDDYGUDEM, JANGAREDDIGUDEM POLICE STATION, JANGAREDDYGUDEM, ELURU DISTRICT 5. THE SUBINSPECTOR OF POLICE / THE STA TADIKALAPUDI POLICE STATION, KAMAVARAPUKOTA, ELURU DISTRICT-534 452 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY,THE TWENTY NINETH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO: 1620/2026 NULAKANI NELARAJU, S/O NULAKANI RAMA RAO, 37 YEARS, R/O 11, SAYAMPALEM VILLAGE, T. NARASAPURAM MANDAL, BORRAMPALEM PO, ELURU DISTRICT - 534 451 AADHAAR NO. 4969 2746 0386,PH. 7729815666 ...PETITIONER AND OF AP, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT - 522 238 THE DIRECTOR GENERAL OF POLICE, ANDHRA PRADESH, POLICE HEADQUARTERS, MANGALAGIRI, GUNTUR DISTRICT ENDENT OF POLICE, ELURU DISTRICT, COLLECTORATE COMPOUND, ELURU - 534 001 THE DEPUTY SUPERINTENDENT OF POLICE / SPDO, JANGAREDDYGUDEM, JANGAREDDIGUDEM POLICE STATION, JANGAREDDYGUDEM, ELURU DISTRICT - 534 447 THE SUBINSPECTOR OF POLICE / THE STATION HOUSE OFFICER, TADIKALAPUDI POLICE STATION, KAMAVARAPUKOTA, ELURU IN THE HIGH COURT OF ANDHRA PRADESH [3521] THURSDAY,THE TWENTY NINETH DAY OF JANUARY THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO NULAKANI NELARAJU, S/O NULAKANI RAMA RAO, 37 YEARS, R/O 11, SAYAMPALEM VILLAGE, T. NARASAPURAM MANDAL, 534 451 AADHAAR NO. ...PETITIONER OF AP, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI, AMARAVATI, THE DIRECTOR GENERAL OF POLICE, ANDHRA PRADESH, POLICE HEADQUARTERS, MANGALAGIRI, GUNTUR DISTRICT - ENDENT OF POLICE, ELURU DISTRICT, THE DEPUTY SUPERINTENDENT OF POLICE / SPDO, JANGAREDDYGUDEM, JANGAREDDIGUDEM POLICE STATION, TION HOUSE OFFICER, TADIKALAPUDI POLICE STATION, KAMAVARAPUKOTA, ELURU 6. THE STATION HOUSE OFFICER, JANGAREDDYGUDEM POLICE STATION, JANGAREDDYGUDEM, ELURU DISTRICT - 534 447 ...RESPONDENT(S): Counsel for the Petitioner: 1. SAMANTHA KRISHNA SRIRAMAKAVACHAM Counsel for the Respondent(S): 1. GP FOR HOME The Court made the following: THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO: 1620 OF 2026 ORDER:- This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: “….to issue order or orders, direction or directions, Writ or Writs particularly one in the nature Writ of Mandamous: A. Declaring the inaction of the 5th Respondent and their failure to conduct a fair, impartial and effective investigation, and deliberate omission of accused and appropriate sections in Cr. No. 239/2025 as illegal, arbitrary, and against the Provisions of B.N.S., and violative of Articles 14 and 21 of the Constitution of India and B. Consequently, direct the Respondent Authorities to forthwith transfer the investigation in Cr.No.239/2025 of Tadikalapudi Police Station from the current Investigating Officer/R5 and entrust it to a competent higher-ranking officer or independent investigating officer not under the control of the Respondent No. 5, with a direction to conduct a fair, impartial, and thorough investigation C. Further, direct the respondents to array the main conspirators, Rayala Lakshman (neighbouring landowner) and Vemula Srinu (Ravikampadu Gram Panchayat President), who have been deliberately omitted, as accused in the FIR, as their non-inclusion vitiates the entire investigation and D. Further, direct the respondents to alter sections in the FIR to also include Section 109 of B.N.S. against the assailants, viz., Aduri Srinu, Rayala Lakshman, Vemula Srinu, Mallisetti Chanakya Rao, and Yerravalli Durga Prasad, as the current non-serious sections constitute a deliberate attempt to shield the offenders and a gross abuse of statutory power …” 2. Heard Ms. Samantha Krishna. S, learned counsel for the Petitioner and Mr. P. Ajay Babu, learned Assistant Government Pleader, Home for the Respondents. 3. Learned counsel for the Petitioner submits that the Respondent No.5 has not been conducting investigation in a fair and transparent manner in an effective way with impartiality. 4. Learned Assistant Government Pleader, Home for the Respondents, on written instructions, submits that the Police after conducting thorough investigation filed Charge Sheet on 25.11.2025 before learned Judicial Magistrate of First Class, Chintalapudi, but Calendar Case number is awaited by taking cognizance of the case. Learned Assistant Government Pleader refuted the allegations/ contentions of the writ affidavit. 5. Be that as it may, since Charge Sheet has already been filed, the Petitioner has got alternative efficacious remedy before learned jurisdictional Magistrate to file appropriate protest petition, if the Petitioner is aggrieved by the method and manner of the investigation conducted by the Respondent No.5. 6. Considering the facts and circumstances of the case, the Writ Petition is disposed of granting liberty to the Petitioner to file a protest petition under Section 190 read with 200 of ‘the Cr.P.C’, corresponding to Section 210 read with 223 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. 7. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall stand closed. _________________________ DR. Y. LAKSHMANA RAO, J Date: 29.01.2026 Note : Issue C.C by 05.02.2026 B/o KK