Disposed¶52

Mahendradev Suryadevara v. the State of Andhra Pradesh

Andhra Pradesh HC20 Mar 2025WP/7378/2025

Case brief

AI extract

What is this about?

Delay in police investigation; final report/charge sheet not filed; Crime No. 283/2023 dated 07-12-2023; Bhimadole Police Station; Eluru District; case referred as false; writ of Mandamus; Article 226 Constitution of India; Section 151 CPC; investigation completed; liberty to work out remedies before appropriate forum; writ petition disposed without costs; High Court of Andhra Pradesh at Amaravati; Ganji Bhushnam v. State of Andhra Pradesh; private respondents Mallula Satyanarayana, Mallula Krishna, Mallula Suryanaryana, Tadichettu Veeramma.

What did the court decide?

Liberty to the Petitioner to work out his remedies before the appropriate forum in accordance with law; no order as to costs; miscellaneous petitions, if any, pending, stand closed. ¶52

Mahendradev Suryadevara Vs the State of… — Writ and Judicial Review | Andhra Pradesh HC (2025)

What the court decided

AI extract

Outcome

Liberty to the Petitioner to work out his remedies before the appropriate forum in accordance with law; no order as to costs; miscellaneous petitions, if any, pending, stand closed.

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Issue for consideration

Whether the action of the 4th respondent in not conducting investigation and not filing the final report/charge sheet in Crime No. 283/2023 dated 07-12-2023 on the file of the Bhimadole Police Station, Bhimadole, Eluru District, even after the lapse of 2 years, is illegal and arbitrary, and whether a writ of Mandamus should issue directing the 4th respondent to file the final report/charge sheet. +1 more

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Court's answer

Recording the submissions (including that the investigation stands completed and the case is referred as false), the Writ Petition is disposed of, and the Petitioner is at liberty to work out his remedies before the appropriate forum in accordance with law.

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Ratio / Principle

There shall be no order as to costs, and miscellaneous petitions, if any, pending shall stand closed as a sequel to the disposal.

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Detailed headnote1 paragraphs

Writ Petition No. 27378 of 2025, High Court of Andhra Pradesh at Amaravati (Dr Justice Venkata Jyothirmai Pratapa), decided 08-10-2025 - Ganji Bhushnam v. State of Andhra Pradesh and others. The petitioner, under Article 226 of the Constitution of India, sought a writ of Mandamus declaring illegal and arbitrary the action of the 4th respondent (Sub-Inspector of Police, Bhimadole Police Station) in not conducting investigation and not filing the final report/charge sheet in Crime No. 283/2023 dated 07-12-2023 on the file of the Bhimadole Police Station, Bhimadole, Eluru District, even after the lapse of 2 years, and to direct its filing; an interlocutory application under Section 151 CPC prayed for completion of investigation pending disposal. Heard Sri V.Sai Kiran for the petitioner and Sri Md.Farooq, learned Assistant Government Pleader for Home, who on written instructions stated that the investigation in the matter is completed and the case is referred as false. Recording the said submissions, the Court disposed of the Writ Petition, granting the Petitioner liberty to work out his remedies before the appropriate forum in accordance with law; there was no order as to costs and pending miscellaneous petitions stood closed.

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APHC010476662025

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

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WEDNESDAY,THE EIGHTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA

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WRIT PETITION NO: 27378 OF 2025

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Between:

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Ganji Bhushnam, S/o Ganji Parama Jyothi.Aged about 45 years, R/o,D/No.6-6, Patha Ambarupeta, Amberpeta, Bhimadole Mandal, Eluru District.

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...Petitioner

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AND

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The State of Andhra Pradesh, Represented by its Principal Secretary, Department of Home at Secretariat, Velagapudi, Amaravathi,^Guntur District

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The Superintendent of Police, Eluru, Eluru District.

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The Circle Inspector of Police, Bhimadole, Bhimadole^Mandal, Eluru District.

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The Sub-Inspector of Police, Bhimadole Police Station, Bhimadole Eluru District

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Mallula Satyanarayana, S/o Venkateswara Rao, Aged^{about55years,} R/o, Amberpeta Village, Bhimadole Mandal, Eluru District.

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Mallula Krishna, S/o Venkateswara Rao, Aged about 41 years R/o, Amberpeta Village, Bhimadole Mandal, Eluru District

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Mallula Suryanaryana, S/o Venkateswara Rao, Aged about 45 years, R/o, Amberpeta Village, Bhimadole Mandal,E Eluru District.

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Tadichettu Veeramma, W/o Yedukondalu, Aged about 45 years, R/o Amberpeta Village, Bhimadole Mandal, Eluru District.

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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 a writ, order or direction more particularly^{oneinthenature} of writ of Mandamus declaring the action of the 4th respondent in not conducting investigation and filing final report/charge^sheet in Crime No. 283/2023 dated 07-12-2023, on the file of the Bhimadole Police Station, Bhimadole, Eluru District even after the lapse of 2 years as illegal, arbitrary and consequently direct the 4th respondent to file final report/ charge sheet in the above crime. lA NO: 1 OF 2025 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 direct the 4th respondent to forthwith complete the investigation in Crime No. 283/2023 dated 07-12-2023 on the file of the Bhimdole Police Station, Bhimadole, Eluru District by filing final report/charge sheet pending disposal of the above writ petition.

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Counsel for the Petitioner: SRI VARDHINEEDI SAI KIRAN

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Counsel for the Respondent Nos. 1 to 4: GP FOR HOME The Court made the following order:

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APHC010476562025

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IN THE HIGH COURT OF ANDHRA PRADESH

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AT AMARAVATI

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[3396]

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(Special Original Jurisdiction)

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WEDNESDAY, THE EIGHTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 27378/2025

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Between:

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1.GANJI BHUSHNAM, S/0 GANJI PARAMA JYOTHI.AGED ABOUT 45 YEARS, R/0,D/N0.6-6, PATHA AMBARUPETA AMBERPETA, BHIMADOLE MANDAL, ELURU DISTRICT.

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...PETITIONER

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AND

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1.THE STATE OF AP, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF HOME AT SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT

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2.THE SUPERINTENDENT OF POLICE, ELURU ELURU DISTRICT.

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3.THE CIRCLE INSPECTOR OF POLICE, BHIMADOLE, BHIMADOLE MANDAL, ELURU DISTRICT.

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4.THE SUBINSPECTOR OF POLICE, BHIMADOLE POLICE STATION, BHIMADOLE ELURU DISTRICT

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5.MALLULA SATYANARAYANA, S/0 VENKATESWARA RAO, AGED ABOUT 55 YEARS, R/0, AMBERPETA VILLAGE, BHIMADOLE MANDAL, ELURU DISTRICT.

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6.MALLULA KRISHNA, S/0 VENKATESWARA RAO, AGED ABOUT⁴¹ YEARS R/0, AMBERPETA VILLAGE, BHIMADOLE MANDAL, ELURU DISTRICT

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7.MALLULA SURYANARYANA, S/0 VENKATESWARA RAO, AGED ABOUT 45 YEARS, R/0, AMBERPETA VILLAGE, BHIMADOLE MANDAL,E ELURU DISTRICT.

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8.TADICHETTU VEERAMMA, W/0 YEDUKONDALU, AGED ABOUT⁴⁵ YEARS, R/0 AMBERPETA VILLAGE, BHIMADOLE MANDAL, ELURU DISTRICT.

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...RESPONDENT(S):

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Counsel for the Petitioner:

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1.VARDHINEEDI SAI KIRAN

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Counsel for the Respondent(S):

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1.GP FOR HOME

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The Court made the following: ORDER:

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

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to issue a writ, order or direction more particularly^one in the nature of writ of Mandamus declaring the action^ofthe4th respondent in not conducting investigation and filing final report/charge sheet in Crime No. 283/2023 dated 07-12-2023. on the file of the Bhimadole Police Station, Bhimadole, Eluru District even after the lapse of 2 years as illegal, arbitrary and consequently direct the 4th respondent to file final report/ charge sheet in the above crime.”

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Heard Sri V.Sai Kiran, learned counsel for the petitioners and Sri Md.Farooq, learned Assistant Government Pleader for Home. 3. Learned counsel for the petitioner would submit that there is no progress in the investigation in Crime No.283 of 2023 on the file of Bhimadole Police Station. 4. Learned Assistant Government Pleader for Home, on written instructions, would submit that the investigation in this matter is completed and the case is referred as false. 5. Recording the said submissions, the Writ Petition is disposed of. However, the Petitioner is at liberty to work out his remedies before appropriate forum in accordance with law. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed.

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//TRUE COPY//

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Sd/- K. TATA RAO DEPUTY REGISTRAR

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To,

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