Andhra Pradesh High Court
WP/31011/2024 of Y NAGENDRA BABU Vs The State of Andhra Pradesh, on 31 December 2024
HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY , THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 31011/2024 Between: Y Nagendra Babu ...PETITIONER AND The State Of
APHC010593392024
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)
TUESDAY ,THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPAWRIT PETITION NO: 31011/2024
Between:
Y Nagendra Babu ...PETITIONER
AND
The State Of Andhra Pradesh and Others
...RESPONDENT(S)
Counsel for the Petitioner:
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1. SRINIVASA RAO NARRA
Counsel for the Respondent(S):
1. GP FOR HOME
The Court made the following ORDER:
This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for:
“….to issue any writ, order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of Respondent authorities in not taking any action and not conducting proper investigation in FIR No.284/2023 of Chandragiri Urban Police Station, Chandragiri, Tirupati District even after a lapse of nearly one year period from the date of registration of crime 26.12.2023 as illegal, arbitrary, unjust and against the provisions of law and direct the Respondent authorities to take necessary action and to conduct proper investigation in FIR No.284/2023 of Chandragiri Urban Police Station, Chandragiri, Tirupati District as per the provisions laid down in Cr.P.C and law and consequently direct the Respondents to investigate properly in FIR No.284/2023 of Chandragiri Urban Police Station, Chandragiri, Tirupati District and as per the outcome of investigate take legal steps which are warranted under Cr.P.C /B.N.S.S including arrest and other legal formalities ….”
2. Heard the learned counsel for the petitioner and learned Assistant Government Pleader for Home for the respondents.
3. Learned Assistant Government Pleader for Home, on written instructions, would submit that the petitioner is not cooperating with the police for proper investigation of the case. For ready reference, the relevant portion of the written instructions is extracted below:
“It is submitted that, during the further course of investigation, the SI of Police, Chandragiri P.S., though service a notice to the complainant U/s 91(1) & 160 Cr.P.C. to appear at the police station along with evidence in support of his allegations, the complainant hasn’t appeared before the police and also not replied to the notice served to him so far and also not cooperating with the police for proper investigation of the case.”
4. Learned counsel for the petitioner would submit that recording the same, the petition may be disposed of.
5. In the light of the instructions extracted supra, the Writ Petition is disposed of. However, the Police are directed to conclude the investigation and file a report according to law, as expeditiously as possible. No costs.
Pending applications, if any, shall stand closed.
___________________________________
Dr. VENKATA JYOTHIRMAI PRATAPA, J
THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA
W.P.No.31011 of 2024Dated.31.12.2024
JLV