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2025 DAILYLAW 19697 (AP)

Smt. Jetty Padmaja v. The Station House Officer,

WP/12376/2018 · 2025-07-14

Venkata Jyothirmai Pratapa

body2025

Judgment text

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APHC010275992018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY,THE FIFTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 12376/2018 Between: SMT. JETTY PADMAJA, W/O JETTY STALIN, AGED 49 YEARS, OCC. HOUSEWIFE, R/O.D.NO. 32-38-1A, HIGH SCHOOL ROAD, NEAR MACHAVARAM ANJANEYA SWAMI TEMPLE, ELURU ROAD, VIJAYAWADA-4 ...PETITIONER AND 1. THE STATION HOUSE OFFICER, VIJAYAWADA VII TOWN POLICE STATION, MACHAVARAM, VIJAYAWADA, KRISHNA DISTRICT 2. THE COMMISSIONER OF POLICE, VIJAYAWADA POLICE COMMISSIONERATE VIJAYAWADA, KRISHNA DISTRICT. 3. THE DIRECTOR GENERAL OF POLICE, VIJAYAWADA, KRISHNA DISTRICT. 4. THE STATE OF ANDHRA PRADESH, HOME DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, REP. BY ITS PRINCIPAL SECRETARY. ...RESPONDENT(S): Counsel for the Petitioner: 1. NANDIGAM KRISHNA RAO Counsel for the Respondent(S): 1. GP FOR HOME (AP) The Court made the following: ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “.... a Writ of Mandamus i) to declare the inaction on the part of the first respondent police in not taking any action pursuant to the complaint dated 29.3.2018 lodged by the petitioner, by registering a crime as against the accused concerned, though the complaint filed by her constitutes various cognizable 2 offences of house trespass armed with deadly weapons, extortion, causing grievous injuries, attempt to murder myself and other inmates of her house on 27.3.2018 and the consequential inaction on the part of second respondent herein in not directing investigation pursuant to her complaint dated 29.3.2018 in not causing investigation on the basis of the complaint which was sent through Regd. Post on 1.4.2018 though the facts stated in the complaint make out serious charges which are cognizable in nature as illegal arbitrary, unjust apart from violative of principles of natural justice and against the mandatory provisions of Sec. 154 of the Code of Criminal Procedure, and ii) to consequently direct the respondents herein to register a crime on the basis of the complaint filed by the petitioner before the first respondent on 29.3.2018 and the consequential complaint sent to the second respondent through Registered Post on 1.4.2018 and take action in accordance with law as against the accused concerned and to provide necessary protection to the petitioner and her family members i.e. herself, her husband Mr. Jetty Stalin and her son Mr. Jetty Praneeth.” 2. Sri Md.Farooq, learned Assistant Government Pleader for Home, on written instructions, would submit that the Police have sent the parties to the Family Counseling Centre. For ready reference, the written instructions are extracted hereunder: “2. It is submitted that on 28.03.2018, one Jetti Ratnakumari, W/o. Pranith, i.e. the daughter-in-law of the petitioner made a complaint before the Machavaram Police Station, Vijayawada City, against her husband and in-law of harassing her physically and mentally. Thereon, the said complaint was forwarded to the chairman, Mandal Legal Committee Services. Vijayawada for counseling on 28.03.2018. 3. While the things stood, both the petitioner herein and her daughter-in-law, Jetti Ranakumari, again approached the Machavaram Police Station on 29.03.2018 at about 5 IPM., and made complaints against each other. While the same was under examination by police for taking necessary action, both of them, ie, the petitioner herein and daughter-in-law of the petitioner. J.Ratnakumari, have approached the Machavaram P.S., at about 9.30 P.M on 29.03.2018, and presented individual requests for withdrawal of their earlier complaints made at 5.00 P.M., on 3 29.03.2018. Accordingly, the said fact was entered in the Beat Diary of the police station and no further action was taken thereon. 4. It is submitted that in case the petitioner has any grievance still subsisting, she may approach the 1st respondent police station in respect of the same by filing complaint. In such circumstances, the 1st respondent police will take action thereon in accordance with law. 5. In view of the facts and circumstances stated above, all the allegations of the petitioner against the respondent police authorities are not correct and hereby denied.” 3. None represented for the Petitioner. 4. Considering the submissions made, the Writ Petition is disposed of. However, the Petitioner is at liberty to work out her remedies before appropriate forum in accordance with law. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed. ________________________________________ Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA Date:15.07.2025 Dinesh 4 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.12376 of 2018 Dt.15.07.2025 Dinesh