Andhra Pradesh High Court - Amravati
Akurathi Ramesh vs The State Of Andhra Pradesh on 18 September, 2025
APHCOI 0480832025
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI
Hi'
(Special Original Jurisdiction) 'h.
(t
A 1
■I ^ 1 w
THURSDAY,THE EIGHTEENTH DAY OF SEPTEMBER® €
TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA ^
WRIT PETITION NO: 25157 OF
Between:
Akurathi Ramesh, S/o. Ganeswara Rao Aged 40 years, Occ. Business
Resident of Door No. 9-7/2, Salipetya,Akiveedu Village and Mandal West
Godavari District - 534235.
...PETITIONER
AND
1. The State of Andhra Pradesh, Rep., by its Principal Secretary, Home
Department, Secretariat Buildings, Amaravati
2. The Commissioner of Police, Visakhapatnam, Visakhapatnam District
3. The Station House Officer, Cyber Crime Police Station, Vishakapatnam
Commissionerate, Visakhapatnam District
...RESPONDENTS
Petition under Article 226 of the Constitution of India praying that in the
circumstances stated i
in the affidavit filed therewith, the High Court may be
pleased to issue a Writ, order
O'' direction more particularly one in the nature
0 Writ of Mandamus, deciaring the action of the 2" respondent in not
concluding the enquiry i
in respect of my representations dated 16 12 2024
24.12.2024 and 30.08.2025 for changing of the investigation officer in so far
the criminal case is concerned which is registered against me vide FIR in
Crime No.382 of 2023 of Cyber Crime Police Station, Visakhapatnam
Commissionerate registered for the offences punishable U/S.354D
IPC which
is highly illegal, arbitrary, unjust, improper, contrary to rules and violation of
Article 14 and 21 of the Constitution
of Natural Justice and consequently ofdirect
India apart from violation of Principles
the f
2nd Respondent to change
th,e investigation officer for the FIR in Crime No.382
of 2023 of Cyber Crime
Police Station, Visakhapatnam Commissionerate
registered for the offences
punishable U/S.354D IPC.
jA NO: 1 OF
Petition under Section 151 CPC
in the affidavit filed i praying that in the circumstances stated
m support of the petition, the High Court may be pleased to
direct the Respondents to consider the
representation s of the petitioner
dated 16.12.2024 24.12.2024
and 30.08.2025 for changing of the
investigation officer for the FIR i
f Station, Vis..h .
Visakhapatnam '"^™®No.382 of 2023 Of Cyber Crime
Commissionerate
Police
registered for the offences
punishable U/S.354D IPC,
pending disposal of the main Writ petition.
Counsel for the Petitioner:
SRI ELURU SESHA MAHESH BABU
Counsel for the Respondent Nos. 1 to 3: GP FOR HOIVIE
The Court made the following order:
1
APHC010480832025
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI
S??:5 (Special Original Jurisdiction)
THURSDAY,THE EIGHTEENTH DAY OF SEPTEMBER
TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA
WRIT PETITION NO: 25157 OF 2025
Between:
1. AKURATHI RAMESH, Son of Ganeswara Rao Aged 40 years, Occ.
Business, Resident of Door No. 9-7/2, Salipetya,Akiveedu Village and
Mandal, West Godavari District - 534235.
...Petitioner
AND
1. The State of Andhra Pradesh, Rep., by its Principal Secretary, Home
Department, Secretariat Buildings, Amaravati
2. The Commissioner of Police, Visakhapatnam, Visakhapatnam District
Station House Officer, Cyber Crime Police Station, Vishakapatnam
3. The
Commissionerate, Visakhapatnam District
...Respondents
that in the
Petition under Article 226 of the Constitution of India praying
circumstances stated in the affidavit filed therewith, the High Court may be
pleased to pleased to issue a Writ order or direction more particularly one in
the nature of Writ of Mandamus, declaring the action of the 2nd respondent in
not concluding the enquiry in respect of my representations dated
16.12.2024 24.12.2024''and 30.08.2025 for changing of the investigation
officer in so far the criminal case is concerned which is registered against me
2
Vide FIR in Crime No.382 of 2023 of Cyber Crime Police Station,
Visakhapatnam Commissionerate registered for the offences punishable
U/S.354D IPC which is highly illegal, arbitrary,'unjust, improper, contrary to
rules and violation of Article 14 and 21 of the Constitution of India apart from
violation of Principles of Natural Justice and consequently direct the 2nd
Respondent to change the investigation officer for the FIR in Crime No.382 of
2023 of Cyber Crime Police Station, Visakhapatnam Commissionerat e
registered for the offences punishable U/S.354D IPC and pass
lA NO: 1 OF 2025
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 consider the representation s of the
petitioner dated 16.12.2024, 24.12.2024 and 30.08.2025 for changing of the
investigation officer for the FIR in Crime No.382 of 2023 of Cyber Crime Police
Station, Visakhapatnam Commissionerate registered for the offences
punishable U/S.354D IPC, pending disposal of the main Writ petition and pass
Counsel for the Petitioner: ELURU SESHA MAHESH BABU
Counsel for the Respondents: GP FOR HOME
The Court made the following order:
3
%
THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA
WRIT PETITION NO: 15360 OF 2021
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 the 2nd respondent in not concluding the enquiry in respect of my representations dated 16.12.2024, 24.12.2024 and criminal 30.08.2025 for case is changing of the investigation officer in so far the concerned which is registered against me vide FIR in Crime No.382 of 2023 of Cyber Crime Police Station, Visakhapatnam Commissionerat e registered for the offences punishable U/S.354Dand which is highly IPCviolation of Article illegal, arbitrary, unjust, improper, contrary to rules 14 and 21 of the Constitution of India apart from violation of Principles of Natural Justice and consequently direct the 2nd Respondent to change the investigation officer for the FIR in Crime No.382 of 2023 of Cyber Crime Police Station, Visakhapatnam Commissionerate registered for the offences punishable U/S.354D IPC and pass ..."
02. Heard Sri Eluru Sesh Mahesh, learned counsel for the petitioner and Sri S.Farooq, learned Assistant Government Pleader for Home.
03. Learned counsel for the petitioner submits that the investigation requires to be transferred to another officer, as the present Investigating Officer had earlier called the petitioner to the police station for settlement of the issue. He would further submit that representations have already been made before the respondent authorities for consideration.
that
04. Learned Assistant Government Pleader for Home submitted appropriate orders may be passed by this Court.
05. As seen from the record, the petitioner's representation is still pending before respondent No.2. In that view of the matter, this Writ Petition is 4 disposed of with a direction to respondent No.2 to consider the petitioner's representation and take an appropriate decision in accordance with governing rules and law. within a period of two (2) weeks from the date of receipt of a copy of this order.
Accordingly, the writ petition is disposed of. There shall be no order as to costs.
As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed.
Sd/-BPRASADA RAO
assistant registrar
//TRUE COPY// IK
SECTION OFFICER
To
1. The Principal Secretary, Home Department, State of Andhra Pradesh, Secretariat Buildings, Amaravati, Guntur District.
2. The Commissioner of Police, Visakhapatnam, Visakhapatnam District
3. The Station House Officer, Cyber Crime Police Station, Vishakapatnam Commissionerate, Visakhapatnam District
4. OneCCto Sri Eluru Sesha Mahesh Babu, Advocate [OPUC]
5. Two CCs to GP for Home, High Court of Andhra Pradesh [OUT]
6. Two CD Copies.
ssb HIGH COURT DATED:18/09/2025 ORDER WP No. 25157 OF 2025 of 2 5 SF^ ?(Wi O $JJ ^ Curreni becuon ^ / ££spatcva35>-^ DISPOSING OF THE W.P. WITHOUT COSTS