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2025 DAILYLAW 20890 (AP)

SIKHAKOLLI NAGALAKSHMI v. THE STATE OF AP

WP/15066/2023 · 2025-08-19

Venkata Jyothirmai Pratapa

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Judgment text

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H.j APHC010294432023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE TWENTIETH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE ' \ PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION No: 15066 OF 2023 ^ Between: Sikhakolli Nagalakshmi, W/o.Subba Rao, Aged about 43 R/o.D.No.8-3-26/C, Nehru Nagar, Main Road, Guntur Town, Guntur District. ...PETITIONER years. AND 1. The State of Andhra Pradesh, Rep. by Principal Secretary, Home Department, Secretariat Buildings, Velagapudi. 2. The Superintendent of Police, Tirupathi, Tirupathi District. 3. The Deputy Superintendent of Police, East Police Station, Tirupathi, Tirupathi District. 4. The Station House Officer, Tirupathi East P.S., Tirupathi District. 5. Esarapu Sravani, C/o.Esarapu Chinna, Aged about 21 I R/o. 9-10-53, Ward No.23, Ramakrishna Colony, Tuni East Godavari District. years. ...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 a writ, order or direction more Particularly one in the nature of ' the WRIT OF MANDAMUS declaring the action of the 4*'' respondent in not conducting the fair and proper investigation in Crime No.341 of 2022 and not taking action against the 5th respondent, even though her role was mentioned in the representation dated 25-01-2023 which is illegal, improper, arbitrary and violation of Articles 14 and 21 of Constitution of India. Consequently direct the respondent to add relevant Penal Provisions and in Crime No.341/2022 and file Charge Sheet as per the provisions of Code of Criminal Procedure 1973. lA No: 1 OF 2023 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 to direct the 4*'' respondent to consider my representation dated material submitted by the petitioner and add relevant Penal Provisions conduct fair investigation in Crime No.341/2022 and file Charge Sheet the provisions of Code of Criminal Procedure 1973, Pending disposal of Writ Petition. Counsel for the Petitioner: SRI N.HARINADH Counsel for the Respondent Nos.1 to 4: SRI V.FAROOQ, ASST.GP FOR HOME Counsel for the Respondent No.5: The Court made the following order: conduct fair investigation 25-01-2023 and and as per APHC010294432023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) HfflH [3396] WEDNESDAY, THE TWENTIETH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 15066/2023 Between: 1.SIKHAKOLLI NAGALAKSHMI, W/0 SUBBA RAO, AGED ABOUT 43 YEARS, R/0 D.N0.8-3-26/C, NEHRU NAGAR, MAIN ROAD, GUNTUR TOWN, GUNTUR DISTRICT. ...PETITIONER AND 1.THE STATE OF AP, REP. BY PRINCIPAL SECRETARY HOME DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI. 2.THE SUPERINTENDENT OF POLICE, TIRUPATHI, TIRUPATHI DISTRICT. 3.THE DEPUTY SUPERINTENDENT OF POLICE, EAST POLICE STATION, TIRUPATHI, TIRUPATHI DISTRICT. 4.THE STATION HOUSE OFFICER, TIRUPATHI EAST P.S., TIRUPATHI DISTRICT. 5.ESARAPU SRAVANI, C/0 ESARAPU CHINNA, AGED ABOUT 21 YEARS, R/O 9-10-53, WARD N0.23, RAMAKRISHNA COLONY, TUNI EAST GODAVARI DISTRICT. ...RESPONDENT(S): 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 a writ, order or direction more Particularly one in the nature of the writ of mandamus declaring the action of the 4th respondent in not 2 conducting the fair and proper investigation in Crime No.341 of 2022 and not taking action against the 5th respondent, even though her role was mentioned in the representation dated 25-01-2023 which is illegal, improper, arbitrary and violation of Article 14 and 21 of Constitution of India. Consequently direct the 4th respondent to add relevant Penal Provisions and conduct fair investigation in Crime No.341/2022 and file Charge Sheet as per the provisions of Code of Criminal Procedure 1973 and pass lA NO: 1 OF 2023 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 to direct the 4th respondent to consider my representation dated 25-01-2023 and material submitted by the petitioner and add relevant Penal Provisions and conduct fair investigation in Crime No.341/2022 and file Charge Sheet as per the provisions of Code of Criminal Procedure 1973, Pending disposal of Writ Petition and pass such Counsel for the Petitioner; 1.HARINADH NIDAMANURI Counsel for the Respondent{S); 1.GP FOR HOME 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 15066 of 2023 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 the writ of mandamus declaring the action of the 4^^ respondent in not conducting the fair and proper investigation in Crime No. 341 of 2022 and not taking action against the 5 respondent, even though her role was mentioned in the representation dated 25-01-2023 which is illegal. Improper, arbitrary and violation of Articles 14 and 21 of Constitution of India. Consequently direct the 4*^ respondent to add relevant Penal Provisions and conduct fair investigation in Crime No.341/2022 and file Charge Sheet as per the provisions of Code of Criminal Procedure, 1973 and pass... ” th Heard Sri Harinadh Nidamanuri, learned counsel for the petitioner and 2. Sri V.Farooq, learned Assistant Government Pleader for Home for the respondents. Learned Assistant Government Pleader for Home on written instructions 3. would submit that basing on the petitioner’s representation, the police conducted further investigation and basing on the material collected during further investigation, as no case is made out, further proceedings were dropped and PCS notice was also served to the complainant and submitted a final report to the concerned Court. Learned counsel for the petitioner would submit that recording the 4. same, the petition may be disposed of. 4 In the light of the submissions made, the Writ petition is disposed of. However, the police are directed to serve a notice to the defacto complainant regarding filing of RCS proceedings before the concerned Court within a period of one (1) week from the date of receipt of copy of this Order. The petitioner is at liberty to recourse his remedies before the appropriate forum according to law. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand 5. closed. Sdl- B PRASADA RAO ASSISTANT-REGiSJRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Home Department, State of Andhra Pradesh Secretariat Buildings, Velagapudi, Amaravati, Guntur District. 2. The Superintendent of Police, Tirupathi, Tirupathi District. 3. The Deputy Superintendent of Police, East Police Station, Tirupathi, Tirupathi District. 4. The Station House Officer, Tirupathi East P.S., Tirupathi District. 5. Esarapu Sravani, C/o. Esarapu Chinna, Aged about 21 years, R/o. 9-10-53, Ward No.23, Ramakrishna Colony, Tuni East Godavari District. 6. One CC to Sri N. Harinadh, Advocate [OPUC] 7. Two CCs to GP for Home, High Court of Andhra Pradesh [OUT] 8. Two CD Copies. ssb HIGH COURT r 4 • V • ’DATED:20/08/2025 ^ANOM^ ORDER WP No.15066 OF 2023 0^ g 01 SEP 2025 « ^ Currant Section DISPOSING THE WRIT PETITION WITHOUT COSTS