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2025 DAILYLAW 22255 (AP)

Kommanapalli Uma Devi, v. The State of Andhra Pradesh,

WP/16014/2025 · 2025-06-30

Harinath N

body2025

Judgment text

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APHC010313882025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] TUESDAY,THE FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 16014/2025 Between: 1. KOMMANAPALLI UMA DEVI,, W/O RAJU, AGED ABOUT 28 YEARS, RESIDING AT 30TH WARD, MAVULLAMMAPETA, PALAKOLLU, WEST GODAVARI DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 2. SUPERINTENDENT OF POLICE, BHIMAVARAM, W.G. DISTRICT. 3. DY SUPERINTENDENT OF POLICE, NARASAPURAM, W. G. DISTRICT. 4. THE CIRCLE INSPECTOR OF POLICE, PALAKOLE TOWN POLICE STATION, PALAKOLE, W.G. DISTRICT. 5. THE STATION HOUSE OFFICER, PALAKOLE TOWN P.S., PALAKOLE, W.G. DISTRICT. 6. GANTA SIVA, S/O VENKATESWARA RAO, AGED ABOUT 42 YEARS, RESIDING AT 30TH WARD, MAVULLAMMAPETA, PALAKOLLU, WEST GODAVARI DISTRICT. 7. GANTA VENKATESWARA RAO, HIS FATHERS NAME NOT KNOWN TO THE PETITIONER, AGED ABOUT 62 YEARS, RESIDING AT 30TH WARD, MAVULLAMMAPETA, PALAKOLLU, WEST GODAVARI DISTRICT. ...RESPONDENT(S): 2 HN, J W.P.No.16014 of 2025 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 tomay be pleased to issue any writ, order or direction more particularly one in the nature of Writ of Mandamus to declare the action of the respondents 2 to 5 especially respondent No. 5 in not registering the FIR against the Respondent NOs.6, 7 and their men mentioned in the complaint/Report dt.20.6.2025 given by the petitioner as, illegal, arbitrary and contrary to the provisions of the Bharatiya Nagarik Suraksha Sanhita, 2023 and against the guidelines issued by the Honourable Supreme Court in Lalita Kumari Vs. State of UP and also violation of principles of natural justice and also violation of Article 14, 19 and Art. 21 of the Constitution of India and consequently direct the Respondent No.5 to register the FIR and take appropriate action against the Respondent NOs.6, 7 and their men mentioned in the complaint/Report dt.20.6.2025 in accordance with law and to pass IA 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 may be pleased to direct the Respondent No.5 to register the FIR and take appropriate action against the Respondent NOs.6, 7 and their men mentioned in the complaint/Report dt.20.6.2025 in accordance with law and to pass Counsel for the Petitioner: 1. GOWRI SANKAR CHEEKATLA Counsel for the Respondent(S): 1. GP FOR HOME The Court made the following: 3 HN, J W.P.No.16014 of 2025 ORDER: Heard learned counsel for the petitioner and learned Assistant Government Pleader for Home appearing for respondent Nos.1 to 5. 2. Learned counsel for the petitioner submits that the petitioner is aggrieved by the inaction of respondent No.5 in not considering the petitioner’s complaints dated 20.06.2025 and 21.06.2025. 3. Learned Assistant Government Pleader for Home appearing for respondent Nos.1 to 5 submits that the petitioner’s complaints dated 20.06.2025 and 21.06.2025 will be considered by the concerned respondents, as per law. 4. Considering the facts and circumstances of the case, this Court is inclined to dispose off the writ petition at the stage of admission itself, directing the concerned respondents to consider the petitioner’s complaints dated 20.06.2025 and 21.06.2025, in accordance with law and the procedure contemplated under Section 173(3) of the BNSS, 2023. 5. With the above directions, this Writ Petition is disposed off. There shall be no order as to costs. 4 HN, J W.P.No.16014 of 2025 As a sequel, miscellaneous petitions pending, if any, shall stand closed. ___________________ JUSTICE HARINATH.N 1st July, 2025 cbn 5 HN, J W.P.No.16014 of 2025 129 HON’BLE SRI JUSTICE HARINATH.N WRIT PETITION No.16014 of 2025 1st July, 2025 cbn