Pagadala Subba Lakshmi W/O Sudhakara Reddy vs. The State Of Andhra Pradesh

Final Order
Court:High Court of Andhra Pradesh
Judge:Hon'ble K Manmadha Rao
Case Status:Dismissed
Order Date:27 Mar 2024
CNR:APHC010062292015

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Order Issued After Hearing

Purpose:

Disposed

Before:

Hon'ble K Manmadha Rao

Listed On:

27 Mar 2024

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Order Text

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

WEDNESDAY, THE TWENTY SEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY FOUR

PRESENT

THE HONOURABLE DR JUSTICE K MANMADHA RAO

WRIT PETITION NO: 10140 OF 2015

Between:

Pagadala Subba Lakshmi, W/o Sudhakara Reddy, Aged: About 45 years, Occ: House Wife, R/ o: H.No.11-04-141, Rajagarithota, Guntur-I, Guntur District, Andhra Pradesh

...Petitioner

AND

    1. The State of Andhra Pradesh, Rep by its Principal Secretary Home Department, Secretariat, Secretariat Buildings, Nampally, Hyderabad.
    1. The Director General of Police, Lakadi-ka-pool, Nampally, Hyderabad State of Andhra Pradesh.
    1. The Additional Director General of Police (L &O), Nampally, Hyderabad State of Andhra Pradesh.
    1. The Superintendent of Police, Guntur Urban District, Guntur, Guntur District.
    1. The Sub-Divisional Police Officer, East Sub-Division, Guntur, Guntur District.
    1. The Station House Officer Kothapet Police Station, Guntur, Guntur District.
    1. Sri G. Gangadharam, S/o Veeraiah, Age: Not known Occ: Presently working as Deputy Superintendent of Police [Intelligence], Intelligence Main Office, Lakadi-ka-pool, Nampally, Hyderabad. State of Andhra Pradesh

...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 an appropriate writ, order or direction more particularly one in the nature of writ of MANDAMUS, declaring action of 7th Respondent while discharging his duties as 5th Respondent and Investigation Officer (10) in Crime No 128 of 2014 on the file of $6<sup>th</sup>$

Respondent Police Station, deleted the name of the Accused No 5 i.e., Naru Satyavathi from the Charge Sheet, though Accused No 5 actively involved in the crime, hence the 7th Respondent committed for screening of the evidence without producing the original 'death note' and 'voice recorded cell phone' before the Hon'ble IV Additional Junior Civil Judge Court, at Guntur, which is produced by the Petitioner at the time of investigation, now the 7th Respondent stating that original death note is not available with him, after appointment of the enquiry officer in this issue, the 7th Respondent filed additional charge sheet by adding the 5th Accused name still it is not yet numbered and not arrested the 5th Accused also, after submission of the enquiry report also the Respondent No 1 to 4 did not take any action against the 7th Respondent based on the enquiry report is illegal, arbitrary unconstitutional violating Article 14, and 21 of the Constitution of India and against the principles of the natural justice and consequently direct the Respondent No 1 to 4 to take necessary action against the 7th Respondent without any delay in the interest of justice by direct the 7th Respondent to produce original death note before the Hon'ble IV Additional Junior Civil Judge Court, at Guntur and pass such other or further order as this Hon'ble Court may deem fit and proper in the interest of justice.

I.A. NO: 1 OF 2015(WPMP. NO: 13361 OF 2015)

$\mathbb{Z}$

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 Respondent No 1 to 4 to take suitable action against the Respondent No 7 and pass such other order or orders as deemed fit and proper in the interest of justice.

Counsel for the Petitioner: SRI CH VIDYASAGAR

Counsel for the Respondents No.1 to 6: GP FOR HOME (AP)

Counsel for the Respondent No.7: None

The Court made the following: Order

APHC010062292015

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

[3310]

1

WEDNESDAY ,THE TWENTY SEVENTH DAY OF MARCH <sup>V</sup> TWO THOUSAND AND TWENTY FOUR

PRESENT

THE HONOURABLE DR JUSTICE K MANMADHA RAO

WRIT PETITION NO: 10140/2015

Between:

i

Pagadala Subba Lakshmi W/o Sudhakara Reddy, ...PETITIONER

AND

The State Of Andhra Pradesh and Others ...RESPONDENT(S)

Counsel for the Petitioner:

1.CH VIDYASAGAR

Counsel for the Respondent(S):

1.GP FOR HOME (AP)

The Court made the following Order:

Mr.Ch.Vidya Sagar, learned counsel for the petitioner submits that the cause in the present Writ Petition does not survive, and it has become infructuous.

Learned Assistant Government Pleader for Home appearing 2. for the official respondents is present.

Recording the above submission, the Writ Petition is 3. dismissed as Infructuous.

There shall be no order as to costs.

As a sequel, miscellaneous applications pending, if any, shall stand closed. SD/- P.U.V.BHASKARA RAO

//TRUE COPY//

ASSISTANT REGISTRAR

SECTIÓN OFFICER

To,

į

    1. One CC to SRI CH VIDYASAGAR Advocate [OPUC]
    1. Two CCs to GP FOR HOME (AP), High Court of Andhra Pradesh [OUT]
    1. Three CD Copies

gsg

HIGH COURT

DATED: 27/03/2024

ORDER

WP.No.10140 of 2015

DISMISSING WP AS INFRUCTUOUS WITHOUT COSTS