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2026 Supreme(Online)(AP) 21240

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


(Special Original Jurisdiction)


WRIT PETITION NO: 11331/2026



Between:


1. G UDE BALAKOTESWAR RAO, S/O. VENKATA RAMAIAH, AGED ABOUT 58 YEARS, OCC BUSINESS, RIO. D.NO.7/28, VETERINARY HOSPITAL ROAD, NEAR OLD SHIVALAYAM, PIDUGURALLA, PALNADU DISTRICT.


...PETITIONER



AND


1. T HE STATE OF ANDHRA PRADESSH, REP BY PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT-522237.


2. T HE SUPERINTENDENT OF POLICE, PALANADU DISTRICT-522601.


3. T HE STATION HOUSE OFFICER, PIDUGURALLA POLICE STATION-522413.


4. D HEEKONDA SATYAVATHI, , W/O. SUNDHAR RAO AGED ABOUT 66 YEARS, RIO. H-NO.2-86, CHERUVUKATTA BAZAR, NEAR DURGAMMA TEMPLE, PIDUGURALLA, PALNADU DISTRICT-522413.


5. D HEEKONDA SRINIVAS RAO, S/O. SUNDHAR RAO AGED ABOUT 48 YEARS, R/O. H-NO.2-86, CHERUVUKATTA BAZAR, NEAR DURGAMMA TEMPLE, PIDUGURALLA, PALNADU DISTRICT-522413.


6. D HEEKONDA ANJENEYULU, S/O. SUNDHAR RAO, AGED ABOUT 46 YEARS, OCC BUSINESS, R/O. H-NO.2-86, CHERUVUKATTA BAZAR, NEAR 4 DURGAMMA TEMPLE, PIDUGURALLA, PALNADU DISTRICT-522413.


7. R OHINI RAMKUMAR, SIO. SAMBASIVA RAO, AGED ABOUT 67 YEARS, OCC BUSINESS, RIO. D.NO.25-17-137, 60' FEET ROAD, NEAR WATER TANK, SRINIVASARAO THOTA, GUNTUR DISTRICT-522004.


8. R OHINI DHANA LAKSHMI, W/O. ROHINI RAMKUMAR, AGED ABOUT 62 YEARS, OCC HOUSEWIFE, RIO. D.NO.25-17-137, 60' FEET ROAD, NEAR WATER TANK, SRINIVASARAO THOTA, GUNTUR DISTRICT-522004.


...RESPONDENT(S):



Counsel for the Petitioner:


1. T D PHANI KUMAR


Counsel for the Respondent(S):


1. GP FOR HOME


THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO


MONDAY, THE FOURTH DAY OF MAY TWO THOUSAND AND TWENTY SIX

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 an order or order, direction of directions, Writ or Writs particularly in the nature of Writ of Mandamus declare the inaction of Respondent No. 3 regarding the investigation and filing of a chargesheet in CR No. 182 of 2024, dated June 18, 2024 as illegal, arbitrary, and in violation of Section 167 of the CrPC, as well as Articles 14 and 21 of the Constitution of India and consequently, direct the Respondents No.3 to file the charge sheet after taking into custody of Respondents and pass such other order(s)…”

2. Heard the learned Counsel for the Petitioner and the learned Assistant Government Pleader.

3. Sri T.D.Phani Kumar, 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.182 of 2024, dated 18.06.2024 on the file of Piduguralla Police Station, Palnadu District, for the alleged offences punishable under Sections 417, 418, 420 and 506 of the Indian Penal Code, 1860 (for brevity ‘the I.P.C’) and Section 156(3) of the Code of Criminal Procedure, 1973 (for brevity ‘the Cr.P.C’), by Respondent No.3, he has failed to proceed with the investigation and has not taken any steps to file the charge sheet.

4. Sri P.Ajay Babu, learned Assistant Government Pleader, on written instructions, submits that the investigation is at progressive stage, charge sheet would be filed after completion of the investigation.

5. Be that as it may, the Respondent No.3 is duty bound to conduct a thorough, fair, impartial and effective investigation and conduct the investigation to the logical end as per the procedure.

6. In this regard, it is apposite to refer the judgment of the Hon’ble Apex Court in A. Shankar v. State, 2026 SCC OnLine SC 120, wherein at paragraph Nos.15 and 20, it is held as under:

15. If the high court directs, at a stage prior to conclusion of investigation, that a charge-sheet has invariably to be fled upon closure of investigation in a particular case irrespective of what the materials are which have been collected during investigation and without allowing the investigating officer to form his own opinion as regards the next course of action, that would take away the discretion of such officer and he would be left with no other option but to proceed in the direction as required by the high court under pain of threat of contempt. Other than very extreme cases, the high courts ought to exercise restraint and not issue such directions which foreclose the discretion of the executive.

20. However, if the high court proceeds to make a direction that charge-sheets should be fled upon conclusion of investigation or that a trial should be concluded within a particular time-frame, without even attempting to ascertain the stage the trial has reached, the consequence of such an order could be far-reaching. The concept of a fair trial could be rendered a casualty. Directions of the nature made by the learned Judge amounts to improper exercise of writ jurisdiction and such an approach cannot but be disapproved by us.

7. Therefore, in A. Shankar supra, the Hon’ble Supreme Court held that the High Court should not, at the stage of investigation, direct the filing of a charge-sheet, as it would curtail the discretion of the investigating officer and amount to an improper exercise of jurisdiction. It was further held that issuing directions to file charge-sheets or to conclude trials within a fixed timeframe, without considering the stage of the proceedings, may prejudice a fair trial and is liable to be disapproved.

8. Further, it is apposite to refer the judgment of the Hon’ble Apex Court in State of U.P. v. Mohd. Arshad Khan, 2025 SCC OnLine SC 2894, wherein at paragraph Nos.9 to 11, it is held as under:

9. In exercise of these wide-ranging powers - was it

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