APHC010164922017

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

[3310]

THURSDAY ,THE EIGHTEENTH DAY OF APRIL TWO THOUSAND AND TWENTY FOUR

PRESENT

THE HONOURABLE DR JUSTICE K MANMADHA RAO

WRIT PETITION NO: 14458/2017

Between:

T.gopal ...PETITIONER

AND

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

Counsel for the Petitioner:

1.M CHALAPATHI

Counsel for the Respondent(S):

1.GP FOR HOME (AP)

The Court made the following:

ORDER:

This writ petition is filed under Article 226 of the Constituion of India for the following relief:

"…to issue an appropriate writ order or direction more in the nature of Mandamus declaring the action of the respondents 3 & 4 herein in not conducting the investigation into the Crime No.114/2016 registered on 4.9.2016 against the 5th respondent herein for an offence punishable U/s 506 IPC and Section 3 1grs 32(v)(a) of Schedule Caste and Schedule Tribes Prevention of Atrocities Amendment Act 1989 even after lapse of almost 7 months even though a statutory duty cast upon the respondents 3 & 4 to lay the charge sheet within 60 days which is mandatory in nature and in deviation thereof would entails punishment and the in action on the part of the respondents 2 3 in not taking any action against the erring officials i.e., respondents 3& 4 even after bringing to their notice as being illegal arbitrary and is in violation of Articles 14 and 21 of the

Constitution of India as well in negation of mandatory stipulations of the Act and consequently direct the respondents 1 & 2 to take action against the respondents 3 &4 herein who derlicted to perform their duties within the prescribed under statute, and pass…."

2. Today, when the matter is taken up for hearing, learned counsel for the petitioner and learned Assistant Government Pleader for Home for the respondents are present.

3. On hearing, learned Assistant Government Pleader has furnished a copy of written instructions dated 20.03.2024 received from the Station House Officer, Singarayakonda PS, Prakasam District, stating that, during the course of investigation, this case was referred as FALSE on 14.07.2018 vide C.No.3248/C1/2018 of Inspector General of Police, SCZ, Guntur.

4. Recording the submission of learned Assistant Government Pleader, nothing survives in the present writ petition and the same is liable to be closed.

5. Accordingly, the Writ Petition is closed. There shall be no order as to costs. As a sequel, interlocutory applications, if any pending, shall stand closed.

DR. K. MANMADHA RAO, J.

______________________________

Gvl

HON'BLE DR. JUSTICE K. MANMADHA RAO

WRIT PETITION No.14458 of 2017

Date : 18.04.2024

Gvl