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2025 DAILYLAW 22830 (AP)

KONALA PADMAVATHI v. THE STATE OF ANDHRA PRADESH

WP/16390/2024 · 2025-01-27

B V L N Chakravarthi

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Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) MONDAY, THE TWENTY SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT HON'BLE SRI JUSTICE B V L N CHAKRAVARTHI WRIT PETITION NO: 16390 OF 2024 I Between: Smt Konala Padmavathi, W/o. |<pnala Srinivasa Reddy. Aged about 44 years Rayava'm Ma^da^n f M^havaram Vilfage’ Kayavaram Mandal, Dr. B.R.Ambedkar Konaseema District, A.P. - 533261 ...PETITIONER AND 1. The State of Andhra Pradesh, Rep.by its Principal Secretary Home A.p'°"''' AP Secretariat, Amaravathi, Dis1ri“.'' M3"33lagiri-522503 Guntur 3. The Superintendent of Police, Amalapuram-533201 Konaseema District, A.P. Dr.B.R. Ambedkar 4. The Deputy Superintendent of Police, T B.R.AmbedkarKonaseema District, A.P. ’ Sis-;. s's-iss a“..r.= Ramachandrapuham-533255 Dr. A.P. Puttaparthi Urban 515134, Sri Satya Sai District, A.P. 7. Suryanarayana, S/o. Chinnaveeraraju Aged about 65 yivekananda Road, Puttaparthi-515134 9848460299 ^ NoeTos'^MTin S/o. Satyanarayana Reddy, R/o. Door Dr B R AmhPH^ ’ village-533261. Rayavaram Mandal ur. b.K.Ambedkar Konaseema District, A.P. Police Station, Puttaparthi- years, R/o. Sri Satya Sai District, A.P, Cell ...RESPONDENTS Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue' a Writ of Mandamus or any other appropriate writ, order, or direction, declaring the in-action of the respondents 1 to 6 in investigating and tracing out the petitioners stolen gold ornaments (bangles and mangalsutra's), empty empty white papers, empty Rs.100/- Non-Judicial promissory notes. Stamp papers, cell phone (Oppo ASS) and returning the same to the petitioner in connection with Crime No. 165/2020 dated 06-10-2020 no.5, is highly illegal, arbitrary, unjust, contrary to law and in violation of principles of natural justice and violation of Article registered with respondent 14 and 21 of the consequently direct the respondents no. 6 to release the recovered vehicle Honda Activa bearing Regn. No.AP 39 FZ 5889 to the petitioner. constitution of India and lA NO: 1 OF 2n9d Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the recovered vehicle Honda Activa bearing Regn. No.AP 39 FZ petitioner in the interest of the petitioner. Counsel for the Petitioner: SRI K GANI REDDY Counsel for the Respondent Nos. 1 to 6: GP FOR HOME Counsel for the Respondent Nos. 7 & 8: The Court made the following: ORDER respondents 1 to 6 to release the 5889 to the APHC010322612024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE TWENTY SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE [3368] PRESENT THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI WRIT PETITION NO: 16390/2024 Between: ...PETITIONER Konala Padmavathi AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.KGANI REDDY Counsel for the Respondent(S): 1.GP FOR HOME The Court made the following order: This Writ Petition under Article 226 of the Constitution of India is filed for the following relief: “to issue a writ order or direction more particuiariy one in the nature of the writ of MANDAMUS deciaring the inaction of the respondents 1 to 6 in investigating and tracing out the petitioners stoien goid ornaments bangies and mangaisutras empty promissory notes empty white papers empty Rs 100/ Non-Judiciai Stamp papers ceii phone Oppo ASS and 2 returning the same to the petitioner in connection with Crime No 165/2020 dated 06102020 registered with respondent no 5 is highiy iiiegai arbitrary unjust contrary to iaw and in vioiation of principies of naturai Justice and vioiation of Articie 14 and 21 of the constitution of India and consequentiy direct the respondents no 6 to reiease the recovered vehicie Honda Activa bearing Regn No AP 39 FZ 5889 to the petitioner and to pass such... ” 2. Heard learned counsel for the petitioner and learned Additional Government Pleader appearing for the State. 3. Learned Additional Government Pleader appearing for the State on written instructions would submit that respondent No.6 i.e., the Station House Officer, Puttaparthi Urban Police Station, has no objection to hand over the vehicle bearing No AP 39 FZ 5889 to respondent No.5 i.e., the Station House Officer Rayavaram Police Station. In that view of the matter, respondent No.5 i.e., the Station 4. House Officer, Rayavaram Police Station is directed to take steps forthwith to receive the vehicle from respondent No.6 i.e., the Station House Officer, Puttaparthi Urban Police Station and the petitioner herein is at liberty to approach the jurisdictional * 3 Magistrate who holds Station, for seeking custody of vehicle the jurisdiction of Rayavaram as per law. 5. With the above directions, the Writ Petition the stage of admission itself, as to costs. Police is disposed of at without going into merits. No order Interlocutory applications it any, pending shall stand closed. Sd/- M.PRABHAKAR RAO ASSISTANT REGISTRAR //TRUE COPY// sect6n officer To, Dis^rict'Tp.'^ General of Police, Tadepalli, Mangalagiri-522503 Guntur 3. The Superintendent of Police Amalapuram-533201 Dr.B.R, Ambedkar Konaseema District, A.P. Village and Ma^ndal-SSS^^S Dr^^B^RAmbedll^^ Station, Rayavaram A.P. ur. B.R.Ambedkar Konaseema District, Sltm^^Sr" SatyrSa?Dl'trrcrA.R Station, Puttaparthi /• - Reddy Advocate [OPUC] High Court of Andhra Pradesh. [OUT] Dr. 7. One CC to Sri K Gani 8. Two CCs to GP for Home Three CD Copies / / TF HIGH COURT DATED:27/01/2025 ORDER ANDS^ jg 0 3 FEB 2C'3 ^ Current Section WP.No.16390 of 2024 cn DISPOSING OF THE W.P. AT THE STAGE OF ADMISSION, WITHOUT COSTS