BONI SWAPNA PRIYA @ SARVASUDDI SWAPNA PRIYA v. THE STATE OF ANDHRA PRADESH
WP/17180/2025 · 2025-07-10
Harinath N
body2025
DailyLaw.ai
[ 2025 DAILYLAW 23830 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 23830 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
♦ ^PHC010336452025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY, THE ELEVENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE i PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 17180 OF 2025 Between: Boni Swapna Priya @ Sarvasuddi Swapna Priya, W/o Boni Suresh Kumar D/o late Sarvasuddi Suryanarayana, aged 22 years, R/o Cinema Hall Colony, Balabhadrapuram village, Bikkavolu Mandal, East Godavari District, presently residing in Sarpavaram Junction, Kakinada, East Godavari District. ...Petitioner AND
1. The State of Andhra Pradesh, Rep by its Principal Secretary Home Department, Secretariat, Amaravati, AP.,
2. The Superintendent of Police, Kakinada District, Andhra Pradesh. 3. The Station House Officer, Women Police Station, Kakinada II Town, Kakinada, Kakinada District, Andhra Pradesh
4. Boni Suresh Kumar, S/o Raghukumar, aged 28 years, R/o Flat no. 102, Dharani Arcade, behind Oorvasi Theatre, Oorvasi Junction, Kancharlapalem, Visakhapatnam, Visakhapatnam 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 a Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the 3rd respondent in not
♦ 4 registering the crime based on the complaint lodged by the petitioner and in compelling the petitioner to remain present at the police station from morning till evening as highly illegal, arbitrary and violative of Articles 14 and 21 of the Constitution of India, and consequently to direct the 3rd respondent to register the complaint of the petitioner and proceed in accordance with law forthwith lA 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 to direct the 3rd respondent to register the complaint of the petitioner and proceed in accordance with law forthwith, pending disposal of the above writ petition Counsel for the Petitioner: SRI PALLA BALU ANIL KUMAR Counsel for the Respondents No.1 to 3: GP FOR HOME Counsel for the Respondent No.4: None The Court made the following order:
APHC010336452025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] FRIDAY, THE ELEVENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 17180/2025 Between:
1.BONI SWAPNA PRIYA @ SARVASUDDI SWAPNA PRIYA, W/0 KUMAR D/0 LATE SARVASUDDI SURYANARAYANA, AGED 22 YEARS, R/0 CINEMA HALL COLONY, BALABHADRAPURAM VILLAGE, BIKKAVOLU MANDAL, EAST GODAVARI DISTRICT, PRESENTLY RESIDING IN SARPAVARAM JUNCTION, KAKINADA, EAST GODAVARI DISTRICT. BONI SURESH ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY HOME DEPARTMENT, AMARAVATI, AP., 2.THE SUPERINTENDENT OF POLICE, KAKINADA DISTRICT, ANDHRA PRADESH. 3.THE STATION HOUSE OFFICER, WOMEN POLICE STATION, KAKINADA II TOWN, KAKINADA, KAKINADA DISTRICT, ANDHRA PRADESH 4.BONI SURESH KUMAR, S/0 RAGHUKUMAR, AGED 28 YEARS, R/0 FLAT NO.
102, DHARANI ARCADE, BEHIND OORVASI THEATRE, OORVASI JUNCTION, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT. SECRETARIAT, KANCHARLAPALEM
2 ...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 topleased to issue a Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the 3rd respondent in not registering the crime based on the complaint lodged by the petitioner and in compelling the petitioner to remain present at the police station from morning till evening as highly illegal, arbitrary, and violative of Articles 14 and 21 of the Constitution of India, and consequently to direct the 3rd respondent to register the complaint of the petitioner and proceed in accordance with law forthwith, and to pass lA 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 pleased to direct the 3rd respondent to register the complaint of the petitioner and proceed in accordance with law forthwith,pending disposal of the above writ petition and to pass Counsel for the Petitioner:
1.PALLA BALU ANIL KUMAR Counsel for the Respondent(S):
1.GP FOR HOME The Court made the following:
3 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 17180 of 2025
ORDER:- Heard learned counsel for the petitioner and learned Assistant Government Pleader appearing for the Home.
Learned counsel for the petitioner submits that the petitioner is aggrieved by the action of 3'"* respondent in not considering the petitioner's representation dated 28.04.2025.
2. Learned Assistant Government Pleader appearing for the Home submits that the petitioner’s representation dated 28.04.2025 will be considered by the 3'^ respondent, as per law.
3. Considering the facts and circumstances of the case, this Court is inclined to dispose of the Writ Petition at the stage of admission itself, directing the 3'^ respondent to consider the petitioner’s representation dated 28.04.2025, if not already considered, in accordance with law and the procedure contemplated under Section 173(3) of the BNSS, 2023.
4. Accordingly, this Writ Petition is disposed of. There shall be no
5.
order as to costs.
4 As a sequel, miscellaneous petitions pending, if any, shall stand closed.
Sd/-P.VINOD KUMAR ASSISTANT REGISTRAR //TRUE COPY// SECTl^OFFICER of Andhra Pradesh. Home Department To,
1. The Principal Secretary, State Secretariat, Amaravati, AP.,
2. The Superintendent of Police
3. The Station House Officer, Kakinada, Kakinada District
4. One CC to SRI PALLA BALU ANIL KUMAR Advocate [OPUC]
6. ZcTloT^es [OUT] Kakinada District, Andhra Pradesh. Women Police Station, Kakinada II Town Andhra Pradesh gsg
HIGH COURT DATED: 11/07/2025
ORDER WP NO. 17180 OF 2025 DISPOSING THE WP WITHOUT COSTS