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2026 DAILYLAW 2045 (AP)

Kallamadi Nagarjuna v. The State of Andhra Pradesh,

WP/11514/2026 · 2026-05-04

Y Lakshmana Rao

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010213242026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] TUESDAY,THE FIFTH DAY OF MAY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO: 11514/2026 Between: KALLAMADI NAGARJUNA, , S/O. KALLAMADI ARUNA, AGE 34 YEARS, OCCUPATION.SCIENTIST C AT DRDO R/O. TYPE IV QUARTERS NO. D-2, MILITARY FARM, NEAR TORANAGALLU RAILWAY STATION, TORANAGALLU, BALLARI DISTRICT, KARNATAKA - 583 123. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI - 522237. 2. THE DIRECTOR GENERAL OF POLICE, STATE OF ANDHRA PRADESH, MANGALAGIRI, GUNTUR DISTRICT - 522302. 3. THE SUPERINTENDENT OF POLICE, ANANATHAPURAM, ANANTHAPURAMU DISTRICT - 515001. 4. THE STATION HOUSE OFFICER, KALYANDURG RURAL POLICE STATION, ANANTHAPURAMU DISTRICT - 515761. ...RESPONDENT(S): Counsel for the Petitioner: ELURU SESHA MAHESH BABU Counsel for the Respondent(S): 2 Dr. YLR, J W.P.No.11514 of 2026 Dated 05.05.2026 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 in the nature of Mandamus declaring the inaction of the respondents more particularly respondent No 3 and 4 has failed to conduct a fair investigation by changing investigation officer or file a charge sheet in connection with FIR No.139 of 2025 dated 27.12.2025 registered under Sections 351(2) and 115(2) read with 35 of the Bharatiya Nyaya Sanhita BNS even in spite of receiving a representation submitted by the petitioner dated on 28. 03. 2026 Such inaction is unjustifiable in the eyes of the law and violates the Petitioners fundamental rights and consequently direct the Respondents to file charge sheet in connection with the Crime No. 139 of 2025 on the file of Kalyandurgam Police Station by conducting fair investigation and pass….” 2. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader. 3. Mr. Eluru Sesha Mahesh Babu, learned counsel for the petitioner, submits that respondent Nos.3 and 4 failed to conduct a fair investigation by neither changing the Investigating Officer nor filing a charge sheet in connection with FIR No.139 of 2025 dated 27.12.2025, registered under Sections 351(2) and 115(2) read with 3(5) of ‘the BNS’, despite receipt of the representation submitted by the petitioner dated 28.03.2026. 4. Sri P. Ajay Babu, learned Assistant Government Pleader, on written instructions, submits that Crime No.139 of 2025 of Kalyandurgam Rural Police Station was registered on 27.12.2025 under Sections 351(2), 115(2) 3 Dr. YLR, J W.P.No.11514 of 2026 Dated 05.05.2026 read with 3(5) of ‘the BNS’, based on the complaint lodged by the petitioner, after obtaining necessary permission from the learned Judicial First Class Magistrate Court, Kalyandurgam. It is submitted that, in the course of investigation, the Investigating Officer examined the petitioner and other witnesses, visited the scene of offence at Sri Vinayaka Stone Crusher Quarry, and prepared a rough sketch of the scene. The learned Assistant Government Pleader further submits that the statements of independent eyewitnesses, namely LWs.2 to 4, do not support the allegations made by the petitioner and reveal that no quarrel, abuse, or assault had taken place on the alleged date and time. It is also submitted that the petitioner and officials of the Department of Mines and Geology had visited the quarry, interacted with the quarry owners, and left peacefully. The investigation further disclosed that the complaint was lodged due to longstanding family disputes and prior grievances raised by the petitioner through the PGRS portal against the quarry operations, and that the accused persons were falsely implicated with an intention to harass them. 5. Be that as it may, when the petitioner submits a representation to the respondent police, it is the duty of the respondent police to dispose of the same in accordance with law. 6. Having regard to the entire facts and circumstances of the case, and recording the submissions made by the learned Assistant Government 4 Dr. YLR, J W.P.No.11514 of 2026 Dated 05.05.2026 Pleader, the Writ Petition is disposed of directing the respondent police to dispose of the representation dated 28.03.2026 submitted by the petitioner, in accordance with law, within a period of three (03) weeks from the date of receipt of the copy of this order. 7. 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: 05.05.2026 RSI 5 Dr. YLR, J W.P.No.11514 of 2026 Dated 05.05.2026 303 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO: 11514 of 2026 Date: 05.05.2026 RSI