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2025 DAILYLAW 18339 (AP)

G SUJATHA v. THE STATE OF ANDHRA PRADESH

WP/13497/2025 · 2025-06-15

Harinath N

body2025

Judgment text

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APHC010254202025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE SIXTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 13497 OF 2025 Between: 1. G. Sujatha, D/o. Late G. Gangadhara, Aged about 46 years, R/o. D. No. 8- 5B, Satyanarayanapuram Tirupati, Tirupati District, Andhra Pradesh. 2. Nemallapudi Kowndinya, S/o. late N. Srinivasa Sarma, Aged about 63 years, R/o. D. No. 6-2-158/101, Ida Nagar, Tirupati, Tirupati District, Andhra Pradesh-517501. ...Petitioners AND 1. The State of Andhra Pradesh, Home Department (Courts.A), Rep. by its Principal Secretary, A.P. Secretariat, Velagapudi, Amaravathi, Guntur District, A.P. 2. The Director of Prosecutions, Vijayawada, Andhra Pradesh. 3. The Collector and District Magistrate, Tirupati District, Tirupati 4. The Principal District and Sessions Judge, Chittoor District, Chittoor 5. The Superintendent of Police, Tirupati District, Tirupati 6. Sri M. Balakrishnama Naidu, S/o. M. Thyagarajulu Naidu, Advocate Presently appointed as Addi. Public Prosecutor, The Family Court-cum-V Additional District Judge, Tirupati, R/o. D.No.104, Manohari Residency, Opp. Red Chillies restaurant, Tirupati, Tirupati District. ...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 issue an appropriate writ, order direction more particularly one in the nature of writ of mandamus declaring the action of respondents No.1 to 5 in appointing the respondent as Additional Public Prosecutor (Tenure) for the Family court cum V Additional District and Sessions Judge, Tirupati, vide G.O.Rt. No. 261, Law (Home- Courts. A) Department dated 13.02.2025 issued by respondent No.1 without verifying the antecedents of 6th respondent as illegal, arbitrary, contrary to provisions of Section 18 (3) of BNSS, violative of Integrity of office of Additional Public Prosecutor, violative of the Fundamental Rights guaranteed under Articles 14 and 21 of the Constitution of India, and consequently set aside G.O.Rt. No. 261, Law (Home-Courts. A) Department dated 13.02.2025 issued by respondent No.1. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to suspend G.O.Rt. No. 261, Law (Home-Courts. A) Department dated 13.02.2025 issued by respondent No.1, pending disposal of the above Writ Petition. Counsel for the Petitioners: SRI KAMATAM NAGENDRA REDDY Counsel for the Respondent Nos.1, 2 & 5 : GP FOR HOME Counsel for the Respondent Nos.3 & 4 : GP FOR REVENUE Counsel for the Respondent No.6 : NONE APPEARED The Court made the following order: 1 HN,J W.P.No.13497 2025 APHC010254202025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] MONDAY ,THE SIXTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 13497/2025 Between: G Sujatha and Others ...PETITIONER(S) AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner(S): 1.KAMATAM NAGENDRA REDDY Counsel for the Respondent(S): 1.GP FOR HOME 2.GP FOR REVENUE HN, J W.P.No.13497 2025 The Court made the following Order: 1. The learned counsel for the petitioners submits that the petitioners challenging the appointment of respondent No.6 as Additional Public Prosecutor (Tenure) for the Family Court-cum-V Additional District Judge and Sessions Judge, Tirupati. 2. It is submitted that the 1^* petitioner is also practicing as Additional Public prosecutor, and her name was shortlisted for appointment as Additional Public Prosecutor (Tenure). It is further submitted that respondent No.6 has failed to disclose the details of the crime pending against the respondent No.5; however, the same was ignored by respondent No.2 while issuing the orders of appointment dated 13.02.2025. 3. The learned Assistant Government Pleader submits that the antecedents of the shortlisted candidates were verified, and the police have also verified the incidents relating to the shortlisted advocates who were found eligible for appointment as Additional Public Prosecutor. 4. It is submitted that the post is tenure-based and appointments are made on the recommendation received by the Principal District Judge, Chittoor. The antecedents of all the shortlisted candidates were verified by Superintendent of Police, Tirupati. 5. It is submitted that the pendency of a crime would not come in the way of discharge of the role of public prosecutor by any advocate. It is also are 3 HNJ W.P.No.13497 2025 submitted that the appointment is made only to the public prosecutor who is found fit and eligible. 6. Considering the submissions, this Court is not inclined to allow this writ petition. Accordingly this writ petition is dismissed, there shall be no order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. Sd/- K. TATA RAO deputy registrar //TRUE COPY// f SECTION OFFICER To. 1. One CC to Sri Kamatam Nagendra Reddy, Advocate [OPUC] 2. Two CCs to GP for Home, High Court of Andhra Pradesh [OUT] 3. Two CCs to GP for Revenue, High Court of Andhra Pradesh [OUT] 4. Two CD Copies Cnr HIGH COURT DATED: 16/06/2025 ORDER WP NO. 13497 OF 2025 DISMISSING THE W.P. WITHOUT COSTS