T.Jyothi Naidu Vs The State of Andhra Pradesh

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APHC010421482019

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

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[3368]

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MONDAY, THE EIGHTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI

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WRIT PETITION NO: 20263/2019

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Between:

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T.JYOTHI NAIDU, S/O. ANANDA RAO, 31 YEARS, OCC - PVT. SERVICE, R/O. H.NO. 1-416, M.V. NAGAR, GUDUR, SPSR NELLORE DISTRICT

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...PETITIONER

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AND

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THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRI SECRETARY (HOME), SECRETARIAT BUILDINGS, AMARAVATHI, GUNTUR, STATE OF ANDHRA PRADESH.

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THE SUB INSPECTOR OF POLICE, GUDUR POLICE STATION, GUDUR, SPSR NELLORE DISTRICT.

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MR K ANVESH CHOWDARY, S/O. NOT KNOWN TO THE PETITIONER, AGE -39 YEARS R/O. 1ST STREET, VANTIMITTA, GUDUR, SPSR NELLORE DISTRICT.

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TUMMALA VENU, S/O. NOT KNOWN TO THE PETR., AGED MAJOR, R/O. C/O. K.ANVESH CHOWDARY, 1ST STREET, VANTIMITTA, GUDUR, SPSR NELLORE DIST.

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...RESPONDENT(S):

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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 an appropriate writ, order or direction, more in the nature of Mandamus, declaring the action of the 2nd respondent in not taking any action on the complaint of the petitioner dated 1.11.2019 to stop the illegal construction proceed

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with by the 3^rd respondent with the active assistance and connivance of the 4th respondent by conducting investigation into the crime registered in pursuance to the complaint of the petitioner dated 14.8.2019 on 21.10.2019 in Cr. No. 139/2019 on his file against the 3'd respondent and others as being illegal, arbitrary and consequently direct the 2nd respondent to take action on the complaint lodged by the petitioner on 1.11.2019 by refraining the respondents 3 and 4 from making any further construction, and pass

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IA NO: 1 OF 2019

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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 2nd respondent to take action on the complaint submitted by the petitioner on 1.11.2019 forthwith by refraining the respondents from proceeding with any further construction at Church Compound, Gudur, pending disposal of the above writ petition and pass

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Counsel for the Petitioner:

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1.M CHALAPATHI

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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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THE HONOURABLE SRI JUSTICE B.V.L.N.CHAKRAVARTHI

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WRIT PETITION No.20263 OF 2019

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ORDER:

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This Writ Petition is filed under Article 226 of the Constitution of India for the following relief:

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“….to issue an appropriate writ, order or direction, more in the nature of Mandamus, declaring the action of the 2nd respondent in not taking any action on the complaint of the petitioner dated 1.11.2019 to stop the illegal construction proceed with by the 3^rd respondent with the active assistance and connivance of the 4th respondent by conducting investigation into the crime registered in pursuance to the complaint of the petitioner dated 14.8.2019 on 21.10.2019 in Cr. No. 139/2019 on his file against the 3'd respondent and others as being illegal, arbitrary and consequently direct the 2nd respondent to take action on the complaint lodged by the petitioner on 1.11.2019 by refraining the respondents 3 and 4 from making any further construction, and pass…”

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Sri R.Mallikaruna Rao, learned Assistant Government Pleader

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for Home on written instructions would submit that on the report of the petitioner, police registered a case in Crime No.139 of 2019 for the offence under Sections 448, 427, 380, 290 r/w 34 IPC of Gudur I Town Police Station, Tirupati District on 21.10.2019. Pending the writ petition, police conducted investigation into the case, and submitted a detailed report to SDPO, Gudur, and referred the case as ‘false’. Therefore, the writ petition has become infructuous.

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Heard Sri M.Chalapathi, learned counsel for the petitioner.

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The writ petition is filed alleging that police are not conducting any investigation in Crime No.139 of 2019.

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Now, the submissions made by the learned Assistant Government Pleader on written instructions would disclose that police

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concluded investigation and referred the case as ‘false’. Therefore, remedy available to the writ petitioner is to approach the concerned judicial Magistrate for necessary redressal in accordance with law

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In that view of the matter, the writ petition is closed at the stage of admission, without going into merits of the case, giving liberty to the petitioner to approach jurisdictional Magistrate for necessary redressal in accordance with law. There shall be no order as to costs.

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As a sequel thereto, interlocutory applications, if any, pending in this Writ Petition shall stand closed.

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______________________________ JUSTICE B.V.L.N. CHAKRAVARTHI

08.12.2025 Pmk

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THE HONOURABLE SRI JUSTICE B.V.L.N. CHAKRAVARTHI