APHC010119102026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] MONDAY,THE TWENTY THIRD DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO: 6644/2026 Between: 1. CHIDIPOTHU KARTHIK,, S/O KRISHNA MURTHY, AGE 36 YEARS, OCC BUSINESS, R/O. FLAT NO. 401, LORDS ENCLAVE, KOMA PURNACHADRARAO STREET. GIRLS HIGH SCHOOL ROAD, PATAMATALANKA, VIJAYAWADA - 520010, NTR DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 522503 2. THE COMMISSIONER OF POLICE, VIJAYAWADA NTR DISTRICT.520010 3. THE SUPERINTENDENT OF POLICE, MACHILIPATNAM. NTR DISTRICT.521001 4. THE INSPECTOR OF POLICECUMSTATION HOUSE OFFICER, A.S. POLICE STATION,VIJAYAWADA CITY, NTR DISTRICT.520001 5. SRI PARCHURI YASHWANTH KUMAR, S/O SIVA KUMAR, R/O FLAT NO 501, D.NO.6-139, FORTUNE RESIDENCY, CHALASANI NAGAR, KANURU, NTR DISTRICT. 520007 6. SRI KOSURI CHAITANAYA, S/O KOSURI KISHORE KUMAR, R/O 13-37/1, FLAT NO-E6, SAI SOWMYA RESIDENCY, PINNAMANENI TEACHERS COLONY,NEAR MANA KALYANA MANDAPAM, 2 VIJAYAWADA (RURAL), KANURU, NTR DISTRICT.520007 7. GUNDIBOINA CHAITANAYA VARMA, G NARYANA RAO, R/O D. NO. 46-7-6, BHAGI STREET VARI, DONDAPARTHI, VISHAKHAPATNAM URBAN, VISHAKHAPATNAM-530016. 8. SRI GIRI MOHAN, (NOT KNOWN WHERE ABOUTS) 9. SRI D HANUMANTH RAO, S/O BALAIAH, R/O SIVASANKARI RESIDENCY, FLAT NO 205,NEAR OXFORD SCHOOL, PIDUGURALLA TOWN.522413 10. SRI B S N V KRISHNA RAO, S/O B. SATYANARAYANA, R/O 41 - 4/5- 81, DWARKA NAGAR, KRISHNA LANKA, VIJAYAWADA- 520013. 11. SRI SAI PRASAD, S/O RAMA SANKARARAO, R/O D. NO. 21-4- 49,BOODI VEEDI, VIZIANAGARAM .535002 12. SRI RAJENDRA REDDY, S/O MALLA REDDY, R/O PLOT NO 101, REDDY COLONY, BESIDE INFRAREDS FUNCTION HALL, SAGAR REDDYNALGONDA, TELANGANA STATE - 508004 13. SRI P SIVA KUMAR, R/O D. NO. 6-139, FORTUNE RESIDENCY, CHALASANI NAGAR, KANURU, KRISHNA DISTRICT-520007. 14. SRI KURD RAJU, R/O 70, BASWARAJUPALLY, DHARMARAOPET,GANAPURAM MULUGU, DHARMARAOPET, WARANGAL, TELANGANA- 506345. 5 15. SRI NARESHVASANTHA, C/O GUMMADI VASANTHA, R/OD. NO. 36-47-9, JASUVA NAGAR, NEAR JASUVA CLUB, KANCHRAPALEM, VISAKHAPATNAM (URBAN), VISAKHAPATNAM- 530008 16. SRI UNGARAPU SAI KUMAR, (NOT KNOWN WHERE ABOUTS) ...RESPONDENT(S): Counsel for the Petitioner: 1. SIREESHA RANI VALLABHANENI Counsel for the Respondent(S): 1. GP FOR HOME 3 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 the nature of WRIT OF MANDAMUS declaring the action of respondents particularly 4th respondent in not investigating and not filling Charge Sheet in crime in F.I.R. No 29 of 2025, dated 25.01.2025 registered under Sections 316(2), 351(2), r/w 3(5) of BNS,2023 and Section 66-C of Information Technology Act 2000 on the file of 4th respondent against respondents 5 to 16 on my complaint dt. 25.01.2025, as being illegal, irregular and amounts to non-discharge of legal obligation conferred on the respondents under the provisions of Bharatiya Nagarik Suraksha Sanhita ,2023 and offends Articles 14 and 21 of Constitution of India and consequently direct the 4th respondent to investigate into the crime and file charge sheet against the respondents 5 to 16 and prosecute the accused persons for appropriate offences under penal provisions of law by subjecting the offenders to the process of arrest and judicial remand by recovering my personal date from the offenders…” 2. Heard the learned counsel for the Petitioner and the learned Assistant Government Pleader. 3. Mrs.V.Sireesha Rani, the learned counsel for the Petitioner, submits that although the complaint lodged by the Petitioner was registered as a case against the accused in F.I.R.No.29 of 2025, dated 25.01.2025, on the file of A.S.Nagar Police Station, Vijayawada, for the alleged offences punishable under Sections 316(2) and 351(2) read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for brevity, ‘the BNS’), Respondent No.4 has failed to carry out the investigation and has not taken any steps to file the charge sheet. 4. Sri P.Ajay Babu, learned Assistant Government Pleader, on written instructions, submits that the investigation is at progressive stage, charge sheet would be filed after completion of the investigation. 4 5. Be that as it may, the Respondent No.4 is duty bound to conduct a thorough, fair, impartial and effective investigation and conduct the investigation to the logical end as per the procedure. 6. In this regard, it is apposite to refer the judgment of the Hon’ble Apex Court in A. Shankar v. State1, wherein at paragraph Nos. 15 and 20, it is held as under: 15. If the high court directs, at a stage prior to conclusion of investigation, that a charge-sheet has invariably to be fled upon closure of investigation in a particular case irrespective of what the materials are which have been collected during investigation and without allowing the investigating officer to form his own opinion as regards the next course of action, that would take away the discretion of such officer and he would be left with no other option but to proceed in the direction as required by the high court under pain of threat of contempt. Other than very extreme cases, the high courts ought to exercise restraint and not issue such directions which foreclose the discretion of the executive. 20. However, if the high court proceeds to make a direction that charge-sheets should be fled upon conclusion of investigation or that a trial should be concluded within a particular time-frame, without even attempting to ascertain the stage the trial has reached, the consequence of such an order could be far-reaching. The concept of a fair trial could be rendered a casualty. Directions of the nature made by the learned Judge amounts to improper exercise of writ jurisdiction and such an approach cannot but be disapproved by us. 7. Therefore, in A. Shankar supra, the Hon’ble Supreme Court held that the High Court should not, at the stage of investigation, direct the filing of a charge-sheet, as it would curtail the discretion of the investigating officer and amount to an improper exercise of jurisdiction. It was further held that issuing directions to file charge-sheets or to conclude trials within a fixed timeframe, without considering the stage of the proceedings, may prejudice a fair trial and is liable to be disapproved. 1 2026 SCC OnLine SC 120 5 8. Considering the facts and circumstances of the case, Respondent No.4 is directed to complete the investigation and take appropriate steps, either by filing a charge sheet or a final report before the learned Jurisdictional Magistrate, within a reasonable time, in accordance with law, and submit about the results of the investigation to the District Superintendent of Police. 9. With the above observations and directions, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, interlocutory applications, if any pending, shall stand closed. _________________________ DR. Y. LAKSHMANA RAO, J Date: 23.03.2026 PRA 6 32 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION No.6644 of 2026 Date: 23.03.2026 PRA