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2026:APHC:41150 APHC010122782026

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3521]

(Special Original Jurisdiction)

MONDAY,THE TWENTY THIRD DAY OF MARCH TWO THOUSAND AND TWENTY SIX

PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO

WRIT PETITION NO: 6809/2026 Between:

1. C HEMITIGANTI DIVYA JYOTHI, W/O VEERANJ ANEYULU, AGED ABOUT 34 YEARS, R/O 2ND LINE, ANNAPURNA NAGAR,

GORANTIA, GUNTUR RURAL MANDAL, GUNTUR DISTRICT.

...PETITIONER AND

1. T HE STATE OF ANDHRA PRADESH, REP BY IT'S PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT BUILDING,

VELLAGAPUDI, AMARAVATHI, GUNTUR DISTRICT - 522238.

2. T HE DIRECTOR GENERAL OF POLICE, STATE OF ANDHRA PRADESH, MANGALAGIRI, GUNTUR DISTRICT, ANDHRA PRADESH

- 522503.

3. T HE INSPECTOR GENARAL OF POLICE, GUNTUR DISTRICT, ANDHRA PRADESH - 522004.

4. T HE SUPERINTENDENT OF POLICE, GUNTUR DISTRICT, ANDHRA PRADESH - 522004.

5. T HE STATION HOUSE OFFICER, NALLAPADU POLICE STATION, GUNTUR RURAL MANDAL, GUNTUR DISTRICT - 522004.

6. K VAMSIDHAR, S/O.NOT KNOWN,AGE 45 JYEARS, OCC.CIRCLE INSPECTOR, NALLAPADU POLICE STATION, GUNTUR RURAL

MANDAL, GUNTUR DISTRICT - 522005.

...RESPONDENT(S):

2 Dr2.0 Y2L6R:A, JP HC:41150

W.P.No.6809 of 2026 Dated 23.03.2026

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction, particularly one in the nature of a Writ of Mandamus, declaring the inaction of the respondent authorities in failing to conduct a fair, impartial and effective investigation in Crime No.1321 of 2025 of Nallapadu Police Station, Guntur District, as illegal, arbitrary, unconstitutional and violative of Articles 14 and 21 of the Constitution of India, and consequently direct the respondents to carry out a proper, thorough and time-bound investigation by invoking all relevant penal provisions and to pass

IA NO: 1 OF 2026 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 pleased to direct the respondents to change the present Investigating Officer in Crime No. 1321 of 2025 Nallapadu Police Station, Guntur District, and appoint any other competent officer, as may be necessary, to ensure impartiality and uphold the rule of law pending disposal of the above writ

petition and to pass Counsel for the Petitioner:

1. D TARAKA PRASAD Counsel for the Respondent(S):

1. GP FOR HOME The Court made the following:

ORDER:

The Writ Petition has been filed under Article 226 of the

Constitution of India seeking the following relief:-

“…to issue a writ, order or direction, particularly one in the nature of a Writ of Mandamus, declaring the inaction of the respondent authorities in failing to conduct a fair, impartial and effective investigation in Crime No.1321 of 2025 of Nallapadu Police Station, Guntur District, as illegal, arbitrary, unconstitutional and violative of Articles 14 and 21 of the Constitution of India, and

3 Dr2.0 Y2L6R:A, JP HC:41150

W.P.No.6809 of 2026 Dated 23.03.2026

consequently direct the respondents to carry out a proper, thorough and time-bound investigation by invoking all relevant penal provisions and to pass…”

2. Heard the learned counsel for the petitioner and the learned

Assistant Government Pleader.

3. Mr. D. Taraka Prasad, the learned counsel for the petitioner, submits that although the complaint lodged by the petitioner was registered as a case against Accused in F.I.R.No.1321 of 2025, dated 24.12.2025 on the file of Nallapdu Police Station, Guntur District, for the alleged offences punishable under Sections 318(4), 316(2), 115 (2), 351 (2) r/w 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for brevity ‘the BNS’) and Section 5 of the Andhra Pradesh Protection of Depositors of Financial Establishments Act, 1999, by Respondent No.5, he has failed to proceed with the investigation and has not taken any steps to file the

charge sheet.

4. Sri P.Ajay Babu, lear