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2026 DAILYLAW 15687 (AP)

YEDAMANI SARASWATHAMMA v. THE STATE OF AP

WP/2482/2026 · 2026-01-30

Y Lakshmana Rao

body2026

Judgment text

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APHC010039792026 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) SATURDAY,THE THIRTY FIRST DAY OF JANUARY TWO THOUSAND AND TWENTY SIX THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO: 2482/2026 Between: 1. YEDAMANI SARASWATHAMMA, W/O. LATE Y. MOGILAPPA, AGED ABOUT 82 YEARS, 1 OCC. COOLIE, RIO. THUMBAPALYAM VILLAGE AND POST, BANGARUPALYAM MANDAL, CHITTOOR DISTRICT, ANDHRA P 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF HOME, A.P SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE SUPERINTENDENT OF POLICE, CHITTOOR, CHITTOOR DISTRICT, ANDHRA 3. THE STATION HOUSE OFFICER, BANGARUPALYAM POLICE STATION, BANGARUPALYAM POST, TOWN AND MANDAL, CHITTOOR DISTRICT, ANDHRA PRADESH 4. P ESWARAIAH, S/O. LATE P. BAYAPPA, AGED ABOUT 55 YEARS, OCC. CULTIVATION, R/O. TEKUMANDA BANGARUPALYAM MANDAL, CHITTOOR DISTRICT, ANDHRA PRADESH-517429. 5. PONNE DEVENDRAIAH, S/O. LATE PONNE NAGABHUSHANAM, AGED ABOUT 56 YEAS, OCC. CULTIVATION, R/O. THUMBAPALYAM VILLAGE AND POST, BANGARUPALYAM MANDAL, CHITTOOR DISTRICT, 1 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) SATURDAY,THE THIRTY FIRST DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO: 2482/2026 YEDAMANI SARASWATHAMMA, W/O. LATE Y. MOGILAPPA, AGED ABOUT 82 YEARS, 1 OCC. COOLIE, RIO. THUMBAPALYAM VILLAGE AND POST, BANGARUPALYAM MANDAL, CHITTOOR DISTRICT, ANDHRA PRADESH-517416. ...PETITIONER AND THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF HOME, A.P SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. THE SUPERINTENDENT OF POLICE, CHITTOOR, CHITTOOR DISTRICT, ANDHRA PRADESH-517001. THE STATION HOUSE OFFICER, BANGARUPALYAM POLICE STATION, BANGARUPALYAM POST, TOWN AND MANDAL, CHITTOOR DISTRICT, ANDHRA PRADESH-517416. P ESWARAIAH, S/O. LATE P. BAYAPPA, AGED ABOUT 55 YEARS, OCC. CULTIVATION, R/O. TEKUMANDA VILLAGE AND POST, BANGARUPALYAM MANDAL, CHITTOOR DISTRICT, ANDHRA PONNE DEVENDRAIAH, S/O. LATE PONNE NAGABHUSHANAM, AGED ABOUT 56 YEAS, OCC. CULTIVATION, R/O. THUMBAPALYAM VILLAGE AND POST, BANGARUPALYAM MANDAL, CHITTOOR DISTRICT, ANDHRA PRADESH-517416. IN THE HIGH COURT OF ANDHRA PRADESH [3521] THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO YEDAMANI SARASWATHAMMA, W/O. LATE Y. MOGILAPPA, AGED ABOUT 82 YEARS, 1 OCC. COOLIE, RIO. THUMBAPALYAM VILLAGE AND POST, BANGARUPALYAM MANDAL, CHITTOOR ...PETITIONER THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF HOME, A.P SECRETARIAT, VELAGAPUDI, THE SUPERINTENDENT OF POLICE, CHITTOOR, CHITTOOR THE STATION HOUSE OFFICER, BANGARUPALYAM POLICE STATION, BANGARUPALYAM POST, TOWN AND MANDAL, P ESWARAIAH, S/O. LATE P. BAYAPPA, AGED ABOUT 55 YEARS, VILLAGE AND POST, BANGARUPALYAM MANDAL, CHITTOOR DISTRICT, ANDHRA PONNE DEVENDRAIAH, S/O. LATE PONNE NAGABHUSHANAM, AGED ABOUT 56 YEAS, OCC. CULTIVATION, R/O. THUMBAPALYAM VILLAGE AND POST, BANGARUPALYAM 517416. 2 6. SEELAM JAYABBA, , S/O. LATE S. KRISHNAIAH, AGED ABOUT 58 YEARS, OCC. CULTIVAITON, RO. THUMBAPALYAM VILLAGE AND POST, BANGARUPALYAM MANDAL, CHITTOOR DISTRICT, ANDHRA PRADESH-517416. 7. P CHIRANJEEVI, S/O. NOT KNOWN, AGED ABOUT 56 YEARS, OCC. DOCUMENT WRITER, RIO. OPP. OLD COLLECTOR OFFICE, CHITTOOR, CHITTOOR DISTRICT, ANDHRA PRADESH-517002. 8. B VENKATA RAMANA, S/O. LATE B. SUBBA RAYAPPA, AGED ABOUT 64 YEARS, OCC. NOT KNOWN, R/O. TEKUMANDA VILLAGE AND POST, BANGARUPALYAM MANDAL, CHITTOOR DISTRICT, ANDHRA PRADESH-517429. PRESENTLY RESIDING AT R/O. THUMBAPALYAM VILLAGE AND POST, BANGARUPALYAM MANDAL, CHITTOOR DISTRICT, ANDHRA PRADESH-517416. 9. M RAMANAIAH, S/O. M. SANKARAIAH, AGED ABOUT 48 YEARS, OCC. BUSINESS, RIO. ARUNDATIWADA @ COLONY, RIO. THUMBAPALYAM VILLAGE AND POST, BANGARUPALYAM MANDAL, CHITTOOR DISTRICT, ANDHRA PRADESH-517416. 10. NARAPPAGARI REDDEPPA, S/O LATE NARAPPAGARI VENKATARAMANA, AGED ABOUT. 55 YEARS, OCC. CULTIVATION, RIO THUMBAPALYAM VILLAGE AND POST, BANGARUPALYAM MANDAL, CHITTOOR DISTRICT, ANDHRA PRADESH-517416, 11. NARAPPAGARI DHANAMMA YADAMANI DHANAMMA, W/O. NARAPPAGARI REDDEPPA, D/O. LATE YADAMANI ERRAIAH, AGED ABOUT. 51 YEARS, OCC. CULTIVATION, R/O THUMBAPALYAM VILLAGE AND POST, BANGARUPALYAM MANDAL, CHITTOOR DISTRICT, ANDHRA PRADESH-517416. 12. NARAPPAGARI BHARATH KUMAR SWAMY BHARATH KUMAR, S/ONARAPPAGARIREDDEPPA, AGED ABOUT. 33 YEARS, OCC. CULTIVATION, R/O. THUMBAPALYAM VILLAGE AND POST, BANGARUPALYAM MANDAL, CHITTOOR DISTRICT, ANDHRA PRADESH-517416. 13. NARAPPAGARI ARUNA, W/O. NARAPPAGARI BHARATH KUMAR SWAMY @ BHARATH KUMAR, AGED ABOUT. 30 YEARS, OCC. CULTIVATION, RIO THUMBAPALYAM VILLAGE AND POST, 3 BANGARUPALYAM MANDAL, CHITTOOR DISTRICT, ANDHRA PRADESH-517416. ...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 topleased to issue a Writ order or orders, direction more particularly one in the nature of Writ of Mandamus declaring the inaction of the 3rd respondent i.e. the Station House Officer, Bangarupalyam Police Station, Bangarupalyam, Chittoor District for not investigating the case in FIR No.156 of 2024 dated 06.08.2024 and thereby not filing the charge sheet before the Principal Junior Judge-cum-Judicial Magistrate of First Class (Junior Division) at Chittoor is illegal, arbitrary and unconstitutional and consequently direct the 3rd respondent to complete the investigation and filed charge sheet in FIR No.156 of 2024 dated 06.08.2024 in the interest of justice and pass IA NO: 1 OF 2026 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 pleased to direct the 3rd respondent to furnish the latest status report of the investigation in Crime No.156 of 2024 dated 06.08.2024 to this Hon'ble Court, pending disposal of the above writ petition in the interest of justice and pass Counsel for the Petitioner: 1. G.KRISHNAPRASAD ROYAL Counsel for the Respondent(S): 1. GP FOR HOME The Court made the following: 4 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO: 2482/2026 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 orders, direction more particularly one in the nature of Writ of Mandamus declaring the inaction of the 3rd respondent i.e. the Station House Officer, Bangarupalyam Police Station, Bangarupalyam, Chittoor District for not investigating the case in FIR No.156 of 2024 dated 06.08.2024 and thereby not filing the charge sheet before the Principal Junior Judge-cum-Judicial Magistrate of First Class (Junior Division) at Chittoor is illegal, arbitrary and unconstitutional and consequently direct the 3rd respondent to complete the investigation and filed charge sheet in FIR No.156 of 2024 dated 06.08.2024 in the interest of justice and pass 2. Heard Sri G.Krishna Prasad Royal, learned counsel for the petitioners and Sri P.Ajay Babu, learned Assistant Government Pleader for Home. 3. Learned counsel for the petitioner submits that even after registration of the complaint of the petitioner as a case in Cr.No.156 of 2024 dated 06.08.2024, the investigating officer has not filed charge-sheet so far. 4. Learned Assistant Government Pleader for Home, on written instructions submits that the police have taken up investigation. Investigating Officer visited the scene of offence, prepared a rough sketch, examined witnesses L.Ws.1 to 6 and recorded their statements. He further submits that an application has been filed before the jurisdictional Magistrate seeking production of the original disputed Agreement of Sale dated 11.04.2023, 5 which is required to send the document to a handwriting expert for comparison. The said application is pending consideration before the Magistrate. After receipt of the document, the police will complete the investigation and file the charge sheet in accordance with law. 05. On perusal of the material placed on record, it is evident that the Investigating Officer has already filed an application before the jurisdictional Magistrate and the same is pending consideration. Be that as it may, since the crime is of the year 2024, this Court is of the view that the investigation should be completed expeditiously. 06. Accordingly, the Writ Petition is disposed of, directing the 3rd respondent to expedite the investigation and file the charge sheet in FIR No.156 of 2024, preferably within a period of three (3) months from the date of receipt of a copy of this order. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending if any, shall stands closed. _______________________________ DR JUSTICE Y. LAKSHMANA RAO Date 31.01.2026 KKV 6 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO 113 WRIT PETITION NO: 2482/2026 Date 31.01.2026 KKV