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

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

PRESENT

WRIT PETITION NO: 14458 OF 2017

Between:

Somarajupalli village Singarayakonda Mandal, Prakasam District.

...PETITIONER

AND

• 1. The State of Andhra Pradesh, represented by its PilHtipal Secretary Home Department, Secretariat Buildings, Velagapudi, Guntur District.
• 2. The Superintendent of Police, Prakasam District At Ongole.
• Dillrl^f Superintendent of Police, Ongole Division, Prakasam
• 4. The Station House Officer, Singarayakonda Police Station Singarayakonda, Prakasam District.
• 5. Mr. Gavadagatia Venkateswarlu, S/o. Chimipiraiah, Aged Major R/o Gavadagatlapalem village, Singarayakonda Mandal, Prakasani District.

...RESPONDENTS

Petition under Article 226 of the Constitution of India praying that in the High Court may more in the the circumstances stated in the affidavit filed therewith be pleased to issue an appropriate writ, order or direction nature of Mandamus, declaring the action of the in not conducting the investigation into the Crime No. 117/2016 registered on 4.9.2016 against the 5^^ respondent herein for U/s. 506 IPC and Section 3 (1)((g)(r)(s) Schedule Tribes (Prevention of Atrocities) Amendment after lapse of almost 7 months respondents 3 & 4 herein an offence punishable 3(2)(va) of Schedule Caste and Act, 1989 even 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 ie., 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 time prescribed under statute.

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I.A. NO: 1 OF 2017(WPMP. NO: 17914 OF 2017)

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondents 1 & 2 to take action against the respondents 3 & 4 for their derliction in performing their duties in conducting the investigation in Cr.No. 114/2016 registered against the $5^th$ respondent herein under section 4 of the Schedule Caste and Schedule Tribes (Prevention of Atrocities) Amendment Act, 1989, pending disposal of the above writ petition.

Counsel for the Petitioner : SRI M. CHALAPATHI Counsel for the Respondent Nos. 1 to 4 : GP FOR HOME Counsel for the Respondent No.5 : NONE APPEARED The Court made the following: ORDER

APHC010164922017

A

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:

...PETITIONER T.gopal

AND

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

Counsel for the Petitioner:

1.MCHALAPATHI

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 5' respondent herein tor 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 we.i in negation of ntandatory stipulations of the Act and consequently direct the to take action against the respondents ³ &4 herein who derlicted and pass...." respondents ¹ & 2 to perform their duties within the prescribed under statute,

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

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 of investigation, this stating that, during the course 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 closed. same is liable to be

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

//TRUE COPY//

SD/- K.SRINIVASA RAJU ASSISTANT REGISTRAR <rfo SECTl TFICER

To

1. One CC to Sri M. Chalapathi, Advocate [OPUC]

2. TwoCCsto GP for Home, High Court of Andhra Pradesh. [OUT]

3. Three C.D. Copies.

Cnr

HIGH COURT

DATED:18/04/2024

ORDER

WP.No.14458 of 2017

CLOSING THE W.P. WITHOUT COSTS