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2025:APHC:61302

APHC010696832025

IN THE HIGH COURT OF ANDHRA PRADESH

AT AMARAVATI [3396]

(Special Original Jurisdiction)

MONDAY, THE TWENTY NINETH DAY OF DECEMBER

TWO THOUSAND AND TWENTY FIVE

PRESENT

THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA

WRIT PETITION NO: 35664/2025

Between:

1. V ADAPARTHI VENKATA SRINIVASA RAO,, S/O. V. SESHU BABU,

AGED 40 YEARS, R/O. D.NO. 6-13/1-65, GOLLAPALEM GATTU,

NEAR QUARRY, ONE TOWN, VIJAYAWADA- 520001, N.T.R

DISTRICT.

...PETITIONER

AND

1. T HE STATE OF ANDHRA PRADESH, , DEPARTMENT OF HOME

AFFAIRS, REP. BY ITS PRINCIPAL SECRETARY, SECRETARIAT

BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT-522501

2. T HE DIRECTOR GENERAL OF POLICE DGP, ANDHRA PRADESH,

DGP OFFICE, MANGALAGIRI, GUNTUR DISTRICT-522501

3. T HE DIRECTOR GENERAL OF PRISONS AND CORRECTIONAL

SERVICES, , ANDHRA PRADESH, MANGALAGIRI, GUNTUR

DISTRICT-522501

4. T HE DISTRICT COLLECTOR AND DISTRICT MAGISTRATE, ,

KRISHNA DISTRICT, COLLECTORATE OFFICE, MACHILIPATNAM-

521101

5. T HE COMMISSIONER, VIJAYAWADA POLICE COMMISSIONERATE,

N.T.R DISTRICT- 521101

6. T HE SUPERINTENDENT OF JAIL, KRISHNA DISTRICT JAIL,

VIJAYAWADA, N.T.R DISTRICT- 521101

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7. T HE STATION HOUSE OFFICER, TRAFFIC I POLICE STATION,

VIJAYAWADA, N.T.R DISTRICT- 521101

...RESPONDENT(S):

Counsel for the Petitioner:

1. KILARU NITHIN KRISHNA

Counsel for the Respondent(S):

1. GP FOR HOME

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2025:APHC:61302

THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA

WRIT PETITION NO: 35664/2025

ORDER:

This Writ Petition is filed under Article 226 of Constitution of India with

the following prayer for:

“…to issue an appropriate writ, order or direction, more

particularly one in the nature of Writ of Mandamus, declaring the

inaction of the respondents herein in not conducting a fair,

transparent investigation on the incident of suspicious custodial

death of the petitioner's younger brother Sri Vadaparthi

Gangadhar Tilak, occurred on 08/03/2024 in the District Jail,

Vijayawada, Krishna District till date, as arbitrary, unreasonable,

in violation of Article 14 and 21 of the Constitution of India and

consequentially entrust the investigation in Crime No.60 of 2024

(registered under Section 176 Cr.P.C.) to an independent and

impartial investigating agency, such as the Central Bureau of

Investigation (CBI) or the Crime Investigation Department (CID),

under the direct supervision of this Hon’ble Court.…”

2. Heard Sri K.Nithin Krishna, learned counsel for the petitioner and

Sri.P.Ajay Babu, learned Assistant Government Pleader for Home for the

official respondents.

3. Learned counsel for the petitioner would submit that the petitioner’s

brother was in police custody dated 07.03.2024. He would further submit that

on the very next day i.e., on 08.03.2024, the petitioner’s brother died. There is

no information furnished to the petitioner regarding the death of his brother

and the stage of the investigation in that matter.

4. Learned Assistant Government Pleader for Home, on instructions,

would submit that the petitioner’s brother died while undergoing sentence of

10 days imprisonment in the case vide STC.No.524 of 2024 wherein the

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deceased was caught by the police while driving the Auto in drunken

condition. Learned Assistant Government Pleader for Home would further

submit that Cr.No.60 of 2024 was registered on 08.03.2024 under Section 176

of Cr.P.C., regarding the death of the petitioner’s brother Sri Vadaparthi

Gangadhar Tilak, while undergoing sentence in the District Jail, Vijayawada.

He would further submit that postmortem was conducted on the body of the

deceased and the doctors gave their opinion to the effect that the death may

be due to chronic heart disease or any other natural diseases. Learned

Assistant Government Pleader for Home, would further submit that the

investigation is almost completed and the questionnaire was forwarded to the

Board of Doctors. Soon after, receipt of the same, the case will be finalized as

per its merits.

5. Considering the submissions, this Writ Petition is disposed of.