A writ petition challenging the alleged inaction of the Station House Officer in filing a charge sheet. The respondent submitted that the charge sheet was filed on 20.8.2023.
None; the petition was disposed of based on the submission that the charge sheet was already filed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction)
TUESDAY, THE TWELFTH DAY OF MARCH TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HON’BLE SRI JUSTICE K. SREENIVASA REDDY
WRIT PETITION NO: 4681 OF 2024
Between:
Rudrapaka Krishna, S/o. Srirammurthy, Aged about 40 years, Sivalayam Street, Chinnaparimi, Tsunduru Mandal, Guntur District. ...PETITIONER
AND
...RESPONDENTS
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 to issue a Writ or Direction more particularityoneinthenature of Writ of Mandamus declaring the inaction of the respondent No.4 in filing the chargesheet in Crime No.254 of 2017 as illegal, arbitrary, colobrale exercise of power abdiction of the statutory duty cast on him and quite contrary to the well established legal principles apart from being violative of the fundamental and Constitutional Rights guaranteed to the petitioner
under Articles 14 and 21 of the Indian Constitution and consequently direct the 4th respondent to forthwith file the charge sheet in Crime No.254 of 2017 on the file of Nallapadu P.S, Guntur Urban.
lA NO: 1 OF 2024
Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased direct the 4*^ respondent to forthwith file the charge sheet in Crime No.254 of 2017 on the file of Nallapadu Police Station, Guntur Urban pending disposal of the above writ petition.
Counsel for the Petitioner: SRI PETA GNANA TEJA
Counsel for the Respondent Nos.1 to 4 : GP FOR HOME , r
Counsel for the Respondent No.5 : NONE APPEARED
The Court made the following: ORDER
[3327]
APHC010084412024
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)
TUESDAY THE TWELFTH DAY OF MARCH TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY
WRIT PETITION NO: 4681/2024
Between;
Rudrapaka Krishna
...PETITIONER
AND
The State Of Andhra Pradesh and Others
...RESPONDENT(S)
Counsel for the Petitioner:
1.PETAGNANA TEJA Counsel for the Respondent(S):
1.GP FOR HOME (AP) The Court made the following:
2
\ I
^
h
THE HON’BLE SRI JUSTICE K.SREENIVASA REDDY
WRIT PETITION No.4681 of 2024
ORDER: -
This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief;
(( ■'...to issue a Writ or Direction more particularity one in the nature of Writ of Mandamus declaring the inaction of the respondent No. 4 in ifling the charge sheet in Crime No.254 of 2017 as illegal, arbitrary and colourable exercise of power abduction of the statutory duty cast on him and quite contrary to the well established legal principles apart, from being violative of the fundamental and Constitutional Rights guaranteed to the petitioner under Articles 14 and 21 of the Indian Constitution and consequently direct the 4th respondent to foHhwith file the charge sheet in Crime No. 254 of 2017 on the file of Nallapadu P S Guntur Urban and to pass... 99
Heard both sides and perused the record.
3
Class, Special Mobile Magistrate Court, Guntur againstA1toA4 on 20.8.2023 and the same is under consideration. 4. Recording the said submission, the Writ petition is disposed of. No costs.
i
Miscellaneous petitions, if any pending, in the Writ Petition, shall stand closed.
Sd/- K.J. RAJf BABU ASSISTANT REGISTRAR
//TRUE COPY//
SECTION OFFICER
To,
Cnr
1
HIGH COURT
DATED: 12/03/2024
ORDER
WP.No.4681 of 2024
DISPOSING THE W.P. WITHOUT COSTS
1 issue framed by the court
Whether the inaction of the Station House Officer in filing the charge sheet violates Articles 14 and 21 of the Constitution.
Rudrapaka Krishna
The State of Andhra Pradesh
The Superintendent of Police, Guntur Urban
The Circle Inspector of Police, Nallapadu
The Station House Officer, Nallapadu
Komma Venkateswara Rao
K. Sreevasa Reddy
As recorded by the court registry
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