Disposed

J. Ramappa v. Prl. Secy., Home and 5 Ors.

Andhra Pradesh HC21 Apr 2024WP/5040/2017

Case brief

AI extract

What is this about?

Petitioner sought a mandamus directing police to add Sections 302 and 201 IPC to a suspicious death case and complete investigation. The Government Pleader reported the case was registered under Section 174 Cr.P.C. and further action had since been dropped by the SDPO and Mandal Executive Magistrate. The court closed the petition with no order as to costs.

What the court decided

AI extract

J. Ramappa Vs Prl. Secy., Home and 5 Ors. — Criminal Trial and Appeal | Andhra Pradesh HC (2024)

¶1

IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction)

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MONDAY, THE TWENTY SECOND DAY OF APRIL TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE DR JUSTICE K MANMADHA RAO •

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WRIT PETITION NO: 5040 OF 2017

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Between:

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J. Ramappa, S/o Venkata Ramanappa, Aged about 70 years, Occ: Agriculture, R/o Sanevaripalli Village, Amadaguru Mandal, Anantapuram District.

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...PETITIONER

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AND

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The State of Andhra Pradesh, Rep. by it’s PrI. Secretary (Home), Secretariat Buildings, Velagapudi, Guntur District,^{AndhraPradesh.}

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The Superintendent of Police, Anantapuram, Anantapuram District.

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The Deputy Superintendent of Police, Kadiri, Anantapuram^District.

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The Station House Officer, Obula Devara Cheruvu Police Station, Anantapuram District, Andhra Pradesh.

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The Government General Hospital, Anantapuram, Rep. by, it's Superintendent, Anantapuram, Anantapuram District.

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E.Rama Chandra, S/o Venkatramana, Aged about 45 years, R/o Bassappagaripalli Village, Obula Devara Cheruvu Mandal,

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AnantapuramDist.

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...RESPONDENTS

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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 order or orders more particularly^one in the nature of writ of mandamus direct the Respondent to conduct the proper and impartial investigation by adding Sec.302, 201 etc IPC Sections in Cr.No.4 of 2017 of Obula Devara Cheruvu Police Station, Anantapuram^Districtand complete the investigation as expeditiously as possible with in a period of 3 months

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I.A. NO: 1 OF 2017(WPMP. NO: 6145 OF 2017)

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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 3 rd Respondent to conduct re-postmortem on petitioner’s Daughter's dead body namely (Saraswathi W/o E.Rama Chandra) with the video-graph by the Expert Medical Team to be constituted by the 5^^ Respondent pending disposal of the above writ petition, in the interest of justice.

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Counsel for the Petitioner: SRI. MAHESWARA RAO KUNCHEAM

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Counsel for the Respondent Nos.1 to 5: GP FOR HOME

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Counsel for the Respondent No.6: NONE APPEARED

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The Court made the following Order:

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<•

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APHC010055052017 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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[3310]

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(Special Original Jurisdiction)

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MONDAY ,THE TWENTY SECOND DAY OF APRIL TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE DR JUSTICE K MANMADHA RAO

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WRIT PETITION NO: 5040/2017

¶33

Between:

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J. Ramappa ...PETITIONER

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AND

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Prl Secy Home 5 Ors and Others

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...RESPONDENT(S)

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Counsel for the Petitioner:

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1.MAHESWARARAO KUNCHEAM

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Counsel for the Respondent(S):

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1.GP FOR HOME (AP)

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The Court made the following:

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ORDER:

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This writ petition is filed directing the 3"^^ respondent^toconductthe proper and impartial investigation by adding Section 302, 201 etc IPC in Crime No.4 of 2017 of Obula Devara Cheruvu Police Station, Anantapuram District and complete the investigation as expeditiously as possible within a period of three months. --

¶46

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Today, when the matter i IS taken up for hearing none appeared for the petitioner, Learned Assistant Government Pleader for Home for the respondents is present.

¶48

On hearing, learned Assistant Government Pleader has furnished a copy of written instructions received from the Sub Inspector of Police, O.D. Cheruvu P.S., stating that, basing on the complaint of the petitioner, on 09.01.2017 a case in Crime No.4 of 2017 under Section 174 Cr.P.C (Suspicious Death due to Drowning) was registered in OD Cheruvu P.S. , and investigated into. It is further stated that during the pendency of the writ petition, the Sub Divisional Police Officer, Kadiri, issued proceedigns to drop further action i in this case vide C.No.87/Ref/SDPO-K/2021, dated 06.5,2021. Subsequently, the Mandal Executive Magistrate . OD Cheruvu, issued proceedings vide MC N0.03/MEM/ODC/2017, dated 06.08.2021 and instructed to Investigating Officer to drop further action in this case.

¶49

Recording the submissions made by learned Assistant Government Pleader, nothing survives in the present writ petition and hence the same is liable to be closed.

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Accordingly, the Writ Petition is closed. No order as to costs. As a sequel, interlocutory applications, if any pending, shall stand closed.

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SD/- M. SRINIVAS //TRUE COPY// ASSISTANT GISTRAR UvSECTION OFFICER

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To,

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One CC to Sri. Maheswara Rao Kuncheam Advocate [OPUC]

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Two CCs to GP for Home (AP) ,High Court Of Andhra Pradesh. [OUT]

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Three CD Copies

ERK

HIGH COURT

DATED:22/04/2024

ORDER

WP.No.5040 of 2017

CLOSING THE WRIT PETITION

¶62

WITHOUT COSTS

J. Ramappa v. Prl. Secy., Home and 5 Ors.

Case brief

What is this about?

What the court decided

J. Ramappa v. Prl. Secy., Home and 5 Ors.

Case brief

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What the court decided

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