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2025 Supreme(Online)(AP) 13670
HIGH COURT OF ANDHRA PRADESH
VENKATA JYOTHIRMAI PRATAPA, J
G OVADA LAKSHMI PRASANNA KUMAR – Appellant
Versus
THE STATE OF ANDHRA PRADESH – Respondent
Writ Petition No: 21682/2025
For the Appellants/Petitioners: PALA KARTHI KIRAN
For the Respondents: GP FOR HOME
Failure of law enforcement to conduct investigations constitutes a neglect of statutory obligations, violating constitutional rights under Articles 14 and 21.
Headnote:(A) Bharatiya Nyaya Sanhita, 2023 - Sections 305, 318(4), 61(2) r/w 3(5) - Constitution of India - Articles 14 and 21 - Writ of Mandamus was sought to compel police investigation into FIR No. 203 of 2025, asserting that failure to do so was illegal and violated constitutional rights. (Paras 1-5)
(B) Writ Jurisdiction - The court examines the obligation of law enforcement to conduct requisite investigations into serious allegations and the importance of complying with statutory requirements promptly. (Para 2)
Facts of the case:
A writ petition was filed alleging non-investigation by police into an FIR registered for serious charges, seeking judicial intervention to expedite the investigation process.
Findings of Court:
The police were directed to conclude the investigation and file a report as expeditiously as possible, reaffirming the adherence to legal mandates.
Issues: The primary issue was the failure of police to investigate grave criminal allegations effectively, thus breaching their legal duties under the law.
Ratio Decidendi: The court underscored the police's duty to act upon FIRs, highlighting that judicial intervention is warranted when legal obligations are neglected by authorities, ensuring protection of fundamental rights.
Result: Writ Petition is disposed of with directions.
| Table of Content |
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| 1. writ of mandamus sought for police investigation. (Para 2) |
| 2. court directed police to execute investigation promptly. (Para 3 , 4) |
| 3. the court emphasized the importance of police fulfilling their legal duties. (Para 5) |
ORDER:
This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for:
“…pleased to issue a writ order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of respondents particularly 4th respondent in not investigating and not filling Charge Sheet in Crime in F.I.R. No 203/2025, dt. 09.05.2025 registered under Sections 3 05 , 318(4), 61(2) r/w 3(5) of the Bharatiya Nyaya Sanhita, 2023 on the file of 4TH respondent against respondents 5 to 10 and not subjecting the accused persons to process of arrest and judicial remand, as illegal, irregular and amounts to non-discharge of legal obligation conferred on the respondents under the provisions of Bharatiya Nagarik Suraksha Sanhita, 2023, Bharatiya Nyaya Sanhita, 2023 and offends Articles 14 and 21 of Constitution of India and consequently direct the respondents 2 to 4 to investigate into the crime and file Charge Sheet against the respondents 5 to 10 and prosecute the accused persons for appropriate offences under penal provisions of law by subjecting the offenders to the process of arrest and judicial remand and pass…”
2. Heard Sri Pala Karthi Kiran, learned counsel for the petitioner and Sri V.Farooq, learned Assistant Government Pleader for Home for the respondents.
3. Learned counsel for the petitioner would submit that the grievance of the petitioner is that police are not conducting investigation in F.I.R. No.203 of 2025, dated 09.05.2025 registered under Sections 3 05 , 318(4), 61(2) r/w 3(5) of the Bharatiya Nyaya Sanhita, 2023 . Learned counsel would further submit that a direction may be given to the respondent-police to conclude the investigation.
4. Learned Assistant Government Pleader would submit that the Court may pass appropriate orders.
5. Considering the submissions, the Writ Petition is disposed of. However, the Police are directed to conclude the investigation and file a report according to law as expeditiously as possible. No order as to costs.
