APHC010253882019 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3368] MONDAY,THE SECOND DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI WRIT PETITION NO: 11509/2019 Between: 1. MARAM NAGESWARA RAO, S/O. RAMA KRISHNAIAH, AGED 63 YEARS, OCC FISHERMAN, R/O. 7-39, DHARANIKOTA VILLAGE, AMARAVATI MANDAL, GUNTUR DISTRICT-522020. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 2. THE SUPERINTENDENT OF POLICE, GUNTUR, GUNTUR DISTRICT. 3. THE CIRCLE INSPECTOR, KOTHAPETA POLICE STATION,GUNTUR URBAN, GUNTUR DISTRICT. 4. THE STATION HOUSE OFFICER, KOTHAPETA POLICE STATION, GUNTUR URBAN, GUNTUR DISTRICT. 5. PITTALA SUDHAKAR, AGED 55 YEARS, OCC PRIVATE EMPLOYEE, R/O. NEAR POLERAMMA THALLI TEMPLE, RAMIREDDY THOTA, GUNTUR. 6. PITTALA PAVAN, S/O. SUDHAKAR AGED 25 YEARS, OCC PRIVATE EMPLOYEE, R/O. NEAR POLERAMMA THALLI TEMPLE, RAMIREDDY THOTA, GUNTUR. 7. MARAM SRAVYA PITTALA SRAVYA, W/O. LATE RAMESH, D/O. SUDHAKAR, AGED ABOUT 28 YEARS, OCC HOUSEWIFE, R/O. NEAR POLERAMMA THALLI TEMPLE, RAMIREDDY THOTA, GUNTUR. 8. PITTALA VIJAYA, W/O. SUDHAKAR, AGED 45 YEARS, OCC HOUSEWIFE, R/O. NEAR POLERAMMA THALLI TEMPLE, RAMIREDDY THOTA, GUNTUR. ...RESPONDENT(S): 2 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 toto issue an appropriate writ, order or direction more particularly one in the nature of writ of Mandamus, declaring the action on the part of the respondents 2 to 4 in not registeriv the crime F1R.No.r15/2019, dated 11.08.2019 as murder under Sec. 302 IPC instead of written compliant given by the petitioner clearly mentioning the respondents 5 to 8 are responsible for the death of petitioner's son as illegal, arbitrary, irrational, unconstitutional and in violation of Principles of Natural JL stice and to consequently direct the respondents 2 to 4 to alter the section in the FIR.No.275/2019 as Sec. 302 IPC instead of Sec. 174 Cr.P.0 by ac ding the respondents 5 to 8 as accused and to take necessary action and to do the investigation in .it expeditiously as early as possible and to pass IA NO: 1 OF 2019 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 to direct the respondents 2 to 4 to alter the section in the FIR.No.275/2019 as Sec. 302 IPC instead of Sec. 174 Cr.P.0 by adding the respondents 5 to 8 as accused and to take necessary action and to do the investigation in it expeditiously as early as possible and to pass Counsel for the Petitioner: 1. SIVA RAMA KRISHNA IRLA Counsel for the Respondent(S): 1. GP FOR HOME (AP) The Court made the following: 3 THE HONOURABLE SRI JUSTICE B.V.L.N.CHAKRAVARTHI WRIT PETITION No.11509 of 2019 ORDER: Though the matter is posted today under the caption <For Dismissal,= there is no representation for the writ petitioner. Even on the earlier occasion, there was no representation on behalf of the writ petitioner. 2. Sri R. Mallikarjuna Rao, learned Assistant Government Pleader for Home, representing respondent Nos. 1 to 4, is present. 3. The present writ petition is filed seeking a declaration that the action of respondent Nos. 2 to 4 in registering FIR No. 275/2019 dated 11.08.2019 under Section 174 Cr.P.C., instead of Section 302 IPC, despite the petitioner’s complaint alleging that respondent Nos. 5 to 8 are responsible for the death of his son, is illegal and arbitrary. The petitioner consequently seeks a direction to alter the section of law to Section 302 IPC, array respondent Nos. 5 to 8 as accused, and conduct an expeditious investigation. 4. The learned Assistant Government Pleader for Home, on written instructions, submitted that the police completed the investigation and filed the charge sheet on 23.04.2022. A1 died during the trial, and on 10.11.2025, the case against A2 to A4 was acquitted under Section 4 235(1) Cr.P.C. vide S.C. No. 206 of 2023 on the file of the learned Principal Senior Civil Judge, Guntur. He submitted that, in view of the above, the cause in the writ petition no longer survives for adjudication and that the writ petition has become infructuous. 5. In the light of the above facts and circumstances of the case, the present Writ Petition is dismissed for non-prosecution. There shall be no order as to costs. As a sequel thereto, interlocutory applications, if any, pending in this Writ Petition shall stand closed. ______________________________ JUSTICE B.V.L.N. CHAKRAVARTHI 2nd March, 2026 cbn 5 129 THE HONOURABLE SRI JUSTICE B.V.L.N. CHAKRAVARTHI WRIT PETITION No.11509 of 2019 2nd March, 2026 cbn