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2026 DAILYLAW 1877 (AP)

GADIDESI VIJAY KUMAR v. THE STATE OF ANDHRA PRADESH

WP/8839/2026 · 2026-04-05

Y Lakshmana Rao

body2026

Judgment text

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APHC010173852026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] MONDAY,THE SIXTH DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO: 8839/2026 Between: GADIDESI VIJAY KUMAR, S/O.JOJI, AGE 37 YERAS, MANDAVALLI, LOKUMUDI VILLAGE, MANDAVALLI MANDAL, ELURU DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT - 522238. 2. THE SUPERINTENDENT OF POLICE, ELURU DISTRICT, ANDHRA PRADESH - 534001. 3. THE STATION HOUSE OFFICER, KAIKALURU POLICE STATION, ELURU DISTRICT - 521333. ...RESPONDENT(S): Counsel for the Petitioner: B NANCHARAIAH NAIDU Counsel for the Respondent(S): GP FOR HOME 2 Dr. YLR, J W.P.No.8839 of 2026 Dated 06.04.2026 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 inaction of Respondents 2 and 3 in not taking action in FIR No 122 of 2025 dated 01112025 as illegal and arbitrary and consequently direct the Respondents to take immediate action conduct proper investigation and prosecute Accused in accordance with law and to pass….” 2. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader. 3. Sri Basu Nancharaiah Naidu, learned counsel for the petitioner, submits that even though the complaint of the petitioner was registered as a case in Crime No.122 of 2025 by respondent No.3, no further action has been taken. 4. Sri P. Ajay Babu, learned Assistant Government Pleader, on written instructions, submits that the police have already issued notices to the petitioner requiring him to assist the Investigating Officer in the investigation. It is further submitted that respondent No.3 served a notice under Section 94 of ‘the BNSS’ on 29.01.2026, informing the petitioner that the Investigating Officer would visit Kaikaluru on 30.01.2026 in connection with Crime No.122 of 2025, and calling upon him to appear along with relevant witnesses and documents. The petitioner acknowledged receipt of the said notice but failed to appear, despite the Investigating Officer visiting Kaikaluru on the scheduled date. 3 Dr. YLR, J W.P.No.8839 of 2026 Dated 06.04.2026 5. It is further submitted that, on 04.04.2026, on the instructions of the Investigating Officer, respondent No.3 deputed PC-4361 to serve another notice under Section 94 of ‘the BNSS’ at the petitioner’s residence at Lokumudi Village, Mandavalli Mandal. However, the petitioner locked himself inside the house and refused to receive the notice, stating that he would settle the matter before the concerned Court. Consequently, the notice was affixed on the wall of the petitioner’s residence, and an incident report was submitted to respondent No.3. 6. Considering the entire facts and circumstances of the case, and recording the submissions of the learned Assistant Government Pleader, the Writ Petition is disposed of, directing the respondent Nos.2 and 3 to conduct further investigation. In this regard, the petitioner is directed to cooperate with the Investigating Officer. The Investigating Officer is directed to take the investigation to its logical end, in accordance with law. 7. With the above observations and directions, 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: 06.04.2026 RSI 4 Dr. YLR, J W.P.No.8839 of 2026 Dated 06.04.2026 201 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO: 8839 of 2026 Date:06.04.2026 RSI