Khambampati Jyothi Swaroop v. The State of Andhra Pradesh

the High Court may be or any other writ, order or direction by of the respondents in conducting the fair, proper ...Respondents India praying that in the impartial and effective investigation and without registering the FIR and not even submitting the report as per the order dated 28.06.2024 passed by Magistrate, at Mylavaram as illegal Honble II Additional Judicial I Class arbitrary, 14, 21 and 300A of the of Art. constitution of India and consequently DIRECT the respondents to conduct the investigation and submit report to the Hon'ble II Additional Judicial I Class Magistrate, at Mylavaram as expeditiously as possible in the interest of justice. unconstitutional and violative lA NO: 1 OF 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 respondents to protect me and the my property as there is a threat of life from the respondents In the interest of justice, pending disposal Of the above writ petition. Counsel for the Petitioners: SRI KUNTAMUKKALA SAI SREE SANJAY Counsel for the Respondents: GP FOR HOME The Court made the following order: 0,- APHC010356552025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [339e] MOrvlDAY, THE TWENTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 18131/2025 Between:

1.KHAMBAMPATI JYOTHI SWAROOP, REP. BY ITS GPA HOLDER BY HIS FATHER KHAMBAMPATI VENKATA SATYANARAYANA RAO S/0 PURUSHOTHAM, AGED ABOUT 59 YEARS BUSINESS, REDDIGUDEM (V) AND (M), KRISHNA DISTRICT.

2. KHAMBAMPATI VENKATA SATYANARAYANA, S/0 PURUSHOTHAM AGED ABOTU 59 YEARS. BUSINESS, REDDIGUDEM (V) AND (M)’ KRISHNA DISTRICT. AND ...PETIJIONER(Sj

1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY (HOME) DEPARTMENT. SECRETARIAT BUILDINGS, AMARAVATHI

2.THE SUPERINTENDENT OF POLICE, NTR DISTRICT 3.THE CIRCLE INSPECTOR OF POLICE, REDDIGUDEM (V) AND (M) KRISHNA DISTRICT

4.THE SUBINSPECTOR OF POLICE, REDDIGUDEM (V) AND (M) KRISHNA DISTRICT

5.THE STATION MYLAVARAM MVlAVARAM, REDDIGUDEM MANDAL, KRISHNA DISTRICT OFFICER HOUSE SHO, P.S., ...RESPONDENT(S): Counsel for the Petitioner(S):

1.KUNTAMUKKALA SAt SREE SANJAY 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: I 2 ■■■a Writ of Mandamus declaring the inaction of the respondents in conducting the fair, proper, impartial and effective investigation and without the FIR and not even submitting the report as per the order '-Roistering / Class t f /Wy/ai/aram as Illegal, arbitrary, unconstitutional and violative o Art. 14, 21 and 300A of the constition of India and conseguently DIRECT investigation and submit report to the u Honble II Additional Judicial I Class Magistrate, expeditiously as possible in the interest ofjustice." " ^^ditiona! Judicial at Mylavaram conduct the

2. Sri Kuntamukkala Sai Sree Sanjay, learned counsel for the Petitioners would submit that in spite of the order dated 28.06.2024 passed C.F.R.No.451 of 2024 by the learned II Additional Judicial First Class Magistrate Nuzivid directing the SHO, Mylavaram to conduct investigation the matter and to submit a report on or before 29.07.2024, the Respondents - Police failed to comply with the same.

3. Sn Md.Farooq, learned Assistant Government Pleader for Home written instructions, would submit that, based on the complaints dated

21.01.2024 and 16.02.2024 given by Petitioner No.2, two case in. Crime Nos.41 of 2024 and 68 of 2024 respectively have been registered by Reddygudem Police and charge sheets have also been filed in the said crimes and the same are pending trial. It is submitted that, a counter case in Crime No.69 of 2024 has also been filed based on the complaint lodged by one N.Ramprasad and the same is pending investigation.

4. As seen from the material placed on record. Petitioner No.2 herein lodged complaints dated 26.02.2024 and 28.02.2024 with Respondents - Police, however, no action has been taken on the said complaints. As such, private complaint has been filed before the trial Court, wherein, the learned 3 Magistrate, after recording the sworn statements of the Complainant and the witnesses, by exercising the power under Section 202(1) Cr.P.C., directed the Police to investigate into the matter and report by 29.07.2024 But, the Police did not comply with the same. The petition filed by the Petitioners before the trial Court seeking ‘a direction to the SHO, Reddigudem Police Station to register the case against the Accused therein, was simply adjourned to

30.09.2025. Till today, investigation has been conducted by the Respondents.

5. If a Magistrate records the sworn statements of the Complainant and the witnesses and* still directs the Police to investigate the matter contemplated under Section 292 Cr.P.C., to determine as to whether there are sufficient grounds to proceed with the case against the Accused, it is only to assist the Magistrate. The Magistrate after receipt of the report, decides whether to issue process to the Accused or dismiss the complaint. In the light of the directions issued by the Court to the Police, they need not register the F.I.R, but they are directed to investigate into the contents of the complaint and the statements of the witnesses and report to the Court. The direction which was given to the Police to investigate the matter is for a limited purpose of assisting the Court to take a decision over the matter.

6. In view of the aforementioned circumstances, this Writ Petition disposed of directing the concerned Police to conclude the investigation , as directed by the learned Magistrate, as expeditiously as possible and file a 4 report not later than one month from the date of receipt of copy of this Order^ There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed. To //TRUE COPY// Sd/- K. SRINIVASA RAJU ASSISTANT REGISTRAR SECTION OFFICER 1- The Principal Secretary (HOME) Amaravathi department. Secretariat Buildings,

2. The Superintendent of Police, NTR District 3. The Circle Inspector of Police, 4. The Sub-Inspector of Police 5. The Station House Officer SHO, Reddigudem Mandal, Krishna District Reddigudem (v) and (m), Krishna District Reddigudem (v) and (m), Krishna District Mylavaram PS.. Mylavaram,

6. One CC to Sri Kuntamukkala Sai 7. Two CCs to GP for Home, 8. Two CD Copies Sree Sanjay Advocate [OPUC] High Court of Andhra Pradesh [OUT] TF HIGH COURT DATED:21/07/2025 d ORDER WP NO. 18131 OF 2025 DISPOSING OF THE W.P., WITHOUT COSTS