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2026 DAILYLAW 15238 (AP)

MOHAMMAD BADARUNNISSA v. THE STATE OF AP

WP/3496/2026 · 2026-02-08

Y Lakshmana Rao

body2026

Judgment text

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APHC010026922026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] MONDAY,THE NINTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO: 3496/2026 Between: MOHAMMAD BADARUNNISSA, W/O. LATE YOUSUF, AGED ABOUT 79 YEARS, OCC HOUSE WIFE, R/O. DOOR NO.90-44,1ST LINE, SEETHAMMA COLONY, GUNTUR, GUNTUR DISTRICT - 522 006 ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF HOME, SECRETARIAT BUILDINGS VELAGAPUDI, GUNTUR DISTRICT - 522 238. 2. THE SUPERINTENDENT OF POLICE, GUNTUR DISTRICT, GUNTUR -522 004. 3. THE STATION HOUSE OFFICER, NAGARAMPALEM POLICE STATION, GUNTUR, GUNTUR DISTRICT - 522 004. 4. CHAPPIDI KASAIAH, S/O NOT KNOWN, AGED ABOUT 60 YEARS, OCC AUTO DRIVER, R/O. D.NO.90-04-1153, 4TH LINE, NEAR BOSE CHURCH, SEETHAMMA COLONY GUNTUR, GUNTUR DISTRICT - 522 006. 5. TANGIRAL ASHA BOMBAI, D/O. LATE TANGIRAL DANAIAH, AGED ABOUT 45 YEARS, R/O. D.NO. 90-4-1154, 4TH LINE, SEETHAMMA COLONY, GUNTUR, GUNTUR DISTRICT - 522 006. ...RESPONDENT(S): 2 Dr. YLR, J W.P.No.3496 of 2026 Dated 09.02.2026 Counsel for the Petitioner: KRANTHI KUMAR PASUMARTHI Counsel for the Respondent(S): GP FOR HOME The Court made the following: ORDER: The Writ Petition has been filed under Article 226 of the Constitution of India seeking the following relief:- “…to issue a writ order or direction more particularly one in nature of Writ of Mandamus declaring the action of the 3RD respondent in not conduct investigation in FIR No 522/ 2022 on the file of the Nagarampalem Police station is as illegal arbitrary abdication of the statutory duty cast on him and violate the fundamental rights guaranteed to me under Articles 14 19 and 21 of the Constitution of India and consequently direct the 3RD respondent forthwith to conduct investigation in FIR No 522/ 2022 on the file of the Nagrampalem Police Station and file charge sheet / final report as procedure contemplated u/s 193 BNSS of Criminal Procedure Code 1973 and pass….” 2. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader. 3. Mr.Pasumarthi Kranthi Kumar, the learned counsel for the petitioner, submits that although the complaint lodged by the petitioner was registered as a case against Accused in F.I.R.No.522 of 2022, dated 27.12.2022 on the file of Nagarampalem Police Station, Guntur District, for the alleged offences punishable under Sections 447, 506, 323 read with 34 of the Indian Penal Code, 1860, (for brevity ‘the IPC’) read with 156(3) of the Code of Criminal Procedure, 1973 (for brevity the Cr.P.C.’), by Respondent No.3, he has failed 3 Dr. YLR, J W.P.No.3496 of 2026 Dated 09.02.2026 to proceed with the investigation and has not taken any steps to file the charge sheet. 4. Sri P.Ajay Babu, learned Assistant Government Pleader, on instructions, submits that the investigation has been completed and the charge sheet was filed on 23.12.2025 before the learned Special Mobile Court. 5. In view of the above submission, this Writ Petition is disposed of granting liberty to the petitioner, who is aged about 79 years, to work out her efficacious remedy before the learned jurisdictional Magistrate concerned by filing appropriate petitions, if she is aggrieved by the manner and method of investigation. 6. In the result, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, Miscellaneous petitions, if any pending, shall stand closed. _________________________ DR. Y. LAKSHMANA RAO, J Date: 09.02.2026 RSI 4 Dr. YLR, J W.P.No.3496 of 2026 Dated 09.02.2026 396 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO: 3496 of 2026 Date: 09.02.2026 RSI