IN THE HIGH COURT OF ANDHRA PRADESH AMARAVATI
(Special Original Jurisdiction)
TUESDAY, THE THIRTIETH DAY OF APRIL
TWO THOUSAND AND TWENTY FOUR fUi
a
a. v;
PRESENT
THE HONOURABLE DR JUSTICE K MANMADHA RAO
WRIT PETITION NO: 9243 OF 2017 /
Between;
J. Mohan Kumar Goud, S/o. late Chandrasekhar Goud, Aged about : 57
years, Occ; Farmer, R/o. Nandavaram Village and Mandal, Kurnool District.
...PETITIONER
AND
1. The State of Andhra Pradesh, Rep. by its PrincipaLSecretary, Home
Department, A.P. Secretariat, Secretariat Buildings, Velagapudi, Guntur
District.
2. The Superintendent of Police, Kurnool, Kurnool District.
3. The Deputy Superintendent of Police, Adoni, Kurnool District.
4. The Station House Officer, Nandavaram Police Station, Nandavaram
Mandalam, Kurnool District.
...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
particularly one in the
be pleased to Issue a Writ Order or Direction more
nature of Writ of Mandamus declaring the inaction of
the 4*^
respondent in
investigating the Crime No.103/2016, dated 25.09.2016
for the offence
registered u/Sections 147, 447, 464, 467, 323, 506,
r/w 34 IPC by the 4'"^
Respondent as illegal, arbitrary and contrary to the
provisions of 156 (3)
and 173 of Cr.P.C. and consequently direct the 4th
respondent to
investigate the Crime No.103/2016, dated 25.09.2016
for the offence
registered u/Sections 147, 447, 464, 467, 323, 506,
r/w 34 IPC to file
report
u/Section 173 of Cr.P.C. in the interest of justice.
I.A. NO: 1 OF 2017(WPMP. NO: 11447 OF 2017)
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 direct the 4'^ respondent to investigate the
Crime No.103/2016,
dated 25.09.2016 for the offence registered u/Sections
147 447, 464, 467,
323, 506, r/w 34 IPC to file report u/Section 173 of
Cr.P.C.,
pending
disposal of the Writ Petition.
Counsel for the Petitioner: SRI. M GANGA RAO ^
Counsel for the Respondent No. 1 to 4: GP FOR HOME
(AP)
The Court made the following ORDER:
9
APHC010486782017
IN THE HIGH COURT OF ANDHRA
PRADESH
[3310]
ATAMARAVATI
(Special Original Jurisdiction)
TUESDAY ,THE THIRTIETH DAY OF APRIL
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE DR JUSTICE K MANMADHA RAO
WRIT PETITION NO: 9243/2017
Between;
...PETITIONER
J. Mohan Kumar Goud,
AND
...RESPONDENT(S)
The State Of Andhra Pradesh Rep By Its
Principal and Others
Counsel for the Petitioner:
1.MGANGARAO
Counsel for the Respondent(S):
1.GP FOR HOME (AP)
The Court made the following:
This Writ Petition is filed, under Article 226 of the
Constitution of India, seeking the following relief:
Issue a Writ Order or Direction more particularly one
in the nature of Writ of Mandamus declaring the inaction of the
4th respondent in investigating the Crime No 103/2016 dated 25
09 2016 for the offence registered u/Sections 147 447 464 467
323 506 r/w 34 IPC by the 4th Respondent as illegal arbitrary
and contrary to the provisions of 156 3 and 173 of Cr P C and
consequently direct the 4th respondent to investigate the Crime
No 103/2016 dated 25 09 2016 for the offence registered
u/Sections 147 447 464 467 323 506 r/w 34 IPC to file report
and to pass....”
u/Section 173 of Cr P C in the interest of justice
None appeared for the petitioner. Learned Assistant
2.
Government Pleader for Home appearing for the official
respondents is present and furnished a copy of Written
»•
Instructions issued by SuL Inspector of Police, Nandavaram,
»
Police Station, Kurnool District.
2
3. On hearing, learned Assistant Government Pleader for
Home on instructions submitted that the investigation
of the then
Inquiry Officer disclosed that the allegations levelled against the
alleged accused by the complainant is false and baseless
and far
away from the truth. Accordingly, the Sub-Divisional
Police
Officer, Adoni, has issued order to refer the case
as
civil in nature” vide C.No.78/SDPO-AND/2017 dated 12.03.2017.
He further submitted that Inquiry Officer filed a final report in the
Court of Judicial First Class Magistrate, Yemmiganur. In view of
the same, the Court below has treated the case as ‘civil
in nature
and issued proceedings vide R.C.S.No.09/2018 dated
12.02.2019.
4. In view of the submissions made by learned Assistant
Government Pleader for Home and upon perusing the written
instructions, this Court is of the opinion that, nothing
survives in
the present Writ Petition for any further adjudication.
5. Accordingly, the Writ Petition is Closed. There shall
be no
order as to costs.
As a sequel, miscellaneous applications pending, if
any
shall stand closed.
SD/- KJ. PvAJA BABU
ASSISTANT REGISTRAR
//TRUE COPY//
SECTION OFFICER
To,
1. OneCCto SRI. M GANGA RAO, Advocate [OPUC]
2. Two CCS to GP FOR HOME (AP) .High Court Of Andhra Pradesh. ^
[OUT]
3. Three CD Copies
PRK
HIGH COURT
DATED:30/04/2024
ORDER
WP.No.9243 of 2017
ifit
1 03
Sep
son, 1
?s
&J
CLOSING THE WP,
WITHOUT COSTS