In WP No. 5356 of 2015, this Court examined a plea challenging the Station House Officer's inaction in investigating a criminal case. Upon acquiring Written Instructions showing the case was under trial, the Court held nothing survived and closed the petition without costs.
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.
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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI
(Special Original Jurisdiction)
FRIDAY ,THE NINTH DAY OF FEBRUARY
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE DR JUSTICE K MANMADHA
WRIT PETITION NO: 5356 OF 2015
Between:
Karnati Narasa Reddy, S/o. Venkata Reddy, Aged about 58 years, Occ: Agriculture, R/o. Vinjamuru (Vil), Vinjamuru Mandal, S.P.S.R. Nellore District
...Petitioner
AND
■ .>
. Nellore District.
- Vemula Venkatesh, S/o. Singaraiah, Aged about 41 years,Occ: Business, Rio. Kattubadipalem (Vil), Dagadarthi Mandal,S.P.S.R. Nellore District.
...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, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Station House Officer, Kodavalur Police Station, S.P.S.R. Nellore District, the 4th respondent herein in not proceeding and completing the investigation in Crime No.117/2014 of Kodavalur P'olice Station, S.P.S.R. Nellore District is arbitrary, illegal, without jurisdiction and consequently direct the respondents 1 to 4 to proceed and complete the investigation in Crime No.117/2014 of Kodavalur Police Station, S.P.S.R.NelloreDistrict.
I.A. NO: 1 OF 2015(WPMP. NO: 7134 OF 2015)
Petition under Section 151 CPC praying that in thecircumstancesstatedin the affidavit filed in support of the petition, theHighCourt maybepleased to direct the respondents 1 to 4 to proceed and completetheinvestigation in Crime No.117/2014 of Kodavalur Police Station, S.P.S.R.NelloreDistrict, pending disposal of the writ petition.
Counsel for the Petitioner : SRI. CH C KRISHNA REDDY
Counsel for the Respondents: GP FOR HOME
The Court made the following order:
THE HON’BLE DR.JUSTICE K. MANMADHA RAO
Writ Petition No.5356 of 2015
ORDER:-
This Writ Petition is filed, under Article 226 of the
Constitution of India, seeking the following relief:
"....to issue a Writ order or direction more particuiariy one in the nature of Writ of Mandamus deciaring theactionof the Station House Officer, Kodavaiur Police Station, S.P.S.R. Nellore District, the 4th respondent herein in not proceeding and completing the investigation in Crime No.117/2014 of Kodavaiur Police Station, S.P.S.R. Nellore District is arbitrary, illegal without jurisdiction and consequently direct the respondents 1 to 4 to proceed and complete the investigationin Crime No.117/2014 of Kodavaiur Police Station, S.P.S.R.Nellore District....”
- Heard Mr.Ch.C.Krishna Reddy, learned counsel for the petitioner and learned Assistant Government Pleader for Home appearing for the official respondents.
> I
- On hearing, learned Assistant Government Pleader for Home furnished a copy of Written Instructions issued by Station House Officer, Kodavaiur P.S., SPSR Nellore District, stating that, a case in Cr.No.l 17/2014 under Sections 417, 419, 420, 384, 468, 471, 506 read with34 IPG and Section 156(3) Cr.P.C of Kodavaiur PS, SPSR Nellore District on 09.07.2014 at 20:00 hours by Mr.P.Naresh, SI of Police, Kodavaiur PS investigatedinto.
2
/
I
During the investigation, A1 & A3 arrested on 06.06.2016, A2, A4 and A5 obtained anticipatory bail from thisCourt vide Crl.M.P.No.8434/2016, dated 22.06.2013. After completion of investigation, charge sheet was filedandsent to Additional Judicial Magistrate of First Class, Kovur on 08.07.2017 and at present, the case was PT vide CC.No.49/2018.
- In view of the submissions made by petitioner’s counsel and learned Assistant Government Pleader for Home and upon perusing the written instructions issued by respondent police, this Court is of the view that, nothing survives. in the present Writ Petition for any further adjudication.
- Accordingly, the Writ Petition is Closed. There shall be no order as to costs.
As a sequel, miscellaneous applications pending, if
any, shall stand closed.
Sd/- N.NAGAMMA ASSISTANT REGISTRAR
//TRUE COPY//
SECTION OFFICER
To,
MBB
HIGH COURT
DATED:09/02/2024
ORDER
WP.No.5356 of 2015
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, S 15 JUL 202^
■jSr £espATCH^3^IrS
WRIT PETITION IS CLOSED
WITHOUT COSTS
1 issue framed by the court
Whether the writ petition seeking directions to complete police investigation in a criminal case survives for adjudication.
Karnati Narasa Reddy
State of Andhra Pradesh
Superintendent of Police, Nellore
Deputy Superintendent of Police (Rural), Kovur
Station House Officer, Kodavalur Police Station
A. Mohan Babu
K. Manmadha Rao
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
