Disposed

Penumataa Laxmipathi Raju v. State of Andhra Pradesh

Andhra Pradesh HC10 Dec 2019WP/13384/2019

Case brief

AI extract

What is this about?

The High Court issued a direction to the respondents to file final reports in two pending criminal cases after observing that investigation was nearly complete except for the caste certificate. The petitioner sought mandamus for non-action and lack of protection.

What did the court decide?

Respondents directed to obtain caste certificate and file final reports in the two specified criminal matters before the jurisdictional Magistrate within one month.

Penumataa Laxmipathi Raju Vs… — Constitutional and Fundamental Rights | Andhra Pradesh HC (2019)

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THE HON’BLE SRI JUSTICE M.SATYANARAYANA MURTHY WRIT PETITION NO.13384 OF 2019

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ORDER :

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This writ petition is filed under Article 226 of the Constitution

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of India seeking the following relief:

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“to issue a writ, order or direction, more in the nature of Writ of Mandamus under Article 226 of the Constitution of India declaring the action of the respondents in not taking further action against the party respondents in terms of Cr.No.277/2019 Dated 25.08.2019 u/s 441, 506 r/w Section 34 IPC and Cr.No.280/2019 Dated 27.08.2019 u/s 354 r/w Section 34 IPC and Section 3 (1) u/s 3 (a) (va) of SC/ST (POA) Act 2015 on the file of Payakaraopet PS, Payakaraopet Mandal, Visakhapatnam District, and not giving protection to life and property of the petitioners in pursuance of the complaint/ representation Dated 27.08.2019 and 25.08.2019 filed by the petitioner is concerned, as arbitrary, illegal, malafide violating Article 14, 19 (1) (g) and 21 of the Constitution of India and issue consequential directions, directing the respondents particularly the 2^nd and 3^rd respondents to forthwith take legal action against the party respondents in pursuance of Cr.No.277/2019 Dated 25.08.2019 u/s 441, 506 r/w Section 34 IPC and Cr.No.280/2019 Dated 27.08.2019 u/s 354 r/w Section 34 1PC and Section 3 (1) u/s 3 (a) (va) of SC/ST (POA) Act 2015 on the file of Payakaraopet PS, Payakaraopet Mandal, Visakhapatnam District, duly giving protection to life and property of the petitioners”

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During hearing, at the stage of admission, learned Assistant Government Pleader for Home placed on record written instructions dated 15.11.2019 informing that in Crime No.277 of 2019, eight (8) witnesses were examined and in Crime No.280 of 2019, fourteen (14) witnesses were examined and after collecting caste certificate in Crime No.280 of 2019, police will file final report before the Jurisdictional Magistrate, and in Crime No.277 of 2019 also, police are ready to file final report.

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As the investigation is completed, except obtaining caste certificate of the victim, respondents are directed to obtain caste certificate of the victim in Crime No.280 of 2019 and file final report

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MSM,J WP_13384_2019

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before the jurisdictional Magistrate in both the crimes within one month from today.

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With the above, the writ petition is disposed of. No costs. The miscellaneous petitions pending, if any, shall also stand closed.

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_________________________________________ JUSTICE M. SATYANARAYANA MURTHY

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10.12.2019 Ksp