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2025 DAILYLAW 14489 (AP)

BANAVATH @ KETHAVATH VENUBAI v. THE STATE OF ANDHRA PRADESH

WP/9222/2024 · 2025-09-02

Venkata Jyothirmai Pratapa

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Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010180022024 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) WEDNESDAY,THE THIRD DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION Between: 1. BANAVATH @ KETHAVATH VENUBAI, W/o Purnachandra Rao, Aged about 30 years, Occ- House Lane, Rajula Colony, Sattenapalli Town Palnadu District. Erstwhile Guntur Andhra Pradesh. 1. THE STATE OF ANDHRA PRADESH, Rep by its Principal Secretary Home Department Secretariat, Vefagapudi, at Amaravathi. 2. The Superintendent of Police, Narasaraopet, Palnadu District. Erstwhile Guntur 3. The Deputy Superintendent of Police, Erstwhile Guntur 4. The Station House Officer, Sattenapalli Town Police Station Sattenapalli, Palnadu District Erstwhile Guntur District 5. The District Level Police Complaint Authority, Guntur Range, Guntur, Guntur District IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY,THE THIRD DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 9222 OF 2024 1. BANAVATH @ KETHAVATH VENUBAI, W/o Purnachandra Rao, Aged House-wife R/o Door No 11-3-33. Ground Floor, 1st Lane, Rajula Colony, Sattenapalli Town Palnadu District. Erstwhile Guntur ...P AND 1. THE STATE OF ANDHRA PRADESH, Rep by its Principal Secretary Home Department Secretariat, Vefagapudi, at Amaravathi. 2. The Superintendent of Police, Narasaraopet, Palnadu District. Erstwhile 3. The Deputy Superintendent of Police, Narasaraopet, Palnadu District. 4. The Station House Officer, Sattenapalli Town Police Station Sattenapalli, Palnadu District Erstwhile Guntur District 5. The District Level Police Complaint Authority, Guntur Range, Guntur, ...Respondents IN THE HIGH COURT OF ANDHRA PRADESH THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA 1. BANAVATH @ KETHAVATH VENUBAI, W/o Purnachandra Rao, Aged 33. Ground Floor, 1st Lane, Rajula Colony, Sattenapalli Town Palnadu District. Erstwhile Guntur ...Petitioner 1. THE STATE OF ANDHRA PRADESH, Rep by its Principal Secretary Home 2. The Superintendent of Police, Narasaraopet, Palnadu District. Erstwhile Narasaraopet, Palnadu District. 4. The Station House Officer, Sattenapalli Town Police Station Sattenapalli, 5. The District Level Police Complaint Authority, Guntur Range, Guntur, ...Respondents 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 may be pleased to issue an appropriate Writ, order or direction more particularly, one in the nature of WRIT OF MANDAMUS to declare the action of the 2nd and 3rd Respondents for not responding / considering on the Petitioners complaint/representation dated 26-02-2024 and 09-10-2023 and also the 5th Respondent even though recorded the Petitioner statement on 29-09-2023 at government hospital, at Sattenapalli, Palnadu erstwhile Guntur District but not District, register the crime is illegal, arbitrary and un- Constitutional and consequently direct the 2nd And 3rd Respondents to give proper directions to the 5th Respondent to register the crime as per my statement recorded by the 5th Respondent on 29-09-2023 at government hospital at Sattenapalli, Palnadu erstwhile Guntur District and pass IA NO: 1 OF 2024 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 may be pleased to issue an appropriate Writ, order or direction more particularly, one in the nature of WRIT OF MANDAMUS to declare the action of the 2nd and 3rd Respondents for not responding / considering on the Petitioners complaint/representation dated 26-02-2024 and 09-10-2023 and also the 5th Respondent even though recorded the Petitioner statement on 29-09-2023 at government hospital, at Sattenapalli, Palnadu erstwhile Guntur District but not District, register the crime is illegal, arbitrary and un- Constitutional and consequently direct the 2nd And 3rd Respondents to give proper directions to the 5th Respondent to register the crime as per my statement recorded by the 5th Respondent on 29-09-2023 at government hospital at Sattenapalli, Palnadu erstwhile Guntur District and pass Counsel for the Petitioner: CH VIDYASAGAR Counsel for the Respondents: GP FOR HOME THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 9222 OF 2024 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “…may be pleased to issue an appropriate Writ, order or direction more particularly, one in the nature of WRIT OF MANDAMUS to declare the action of the 2nd and 3rd Respondents for not responding / considering on the Petitioners complaint/representation dated 26-02-2024 and 09-10-2023 and also the 5th Respondent even though recorded the Petitioner statement on 29-09-2023 at government hospital, at Sattenapalli, Palnadu erstwhile Guntur District but not District, register the crime is illegal, arbitrary and un-Constitutional and consequently direct the 2nd And 3rd Respondents to give proper directions to the 5th Respondent to register the crime as per my statement recorded by the 5th Respondent on 29-09-2023 at government hospital at Sattenapalli, Palnadu erstwhile Guntur District and pass…” 2. Heard Sri Ch.Vidya Sagar, learned counsel for the petitioner, Sri Md.Farooq, learned Assistant Government Pleader for Home. 3. When the matter was taken up for hearing, the learned Assistant Government Pleader for Home submitted that during the course of enquiry, the 5th respondent called both the petitioner and the private respondents and recorded that the petitioner and the said respondents expressed their willingness to settle the matter before the elders and requested that no legal action be taken on her complaint. Accordingly, the 5th Respondent submitted a reply dated 06.11.2023 to respondents Nos. 3 and 4 for closing the matter. 4. Learned Counsel for the petitioner would submit that recording the same, the petition may be disposed of, giving liberty to the petitioner to pursue the matter before appropriate forum. 5. Having regard to the submissions of both the learned counsel, this Court is of the considered view that no further orders are required in the present writ petition. Accordingly, the Writ Petition is disposed of, granting liberty to the petitioner to work out her remedies before the appropriate forum according to the law. There shall be no order as to costs. As a sequel thereto, pending miscellaneous petitions if any, shall stands closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 03.09.2025. KKV 196 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 9222 OF 2024 03.09.2025 KKV