1 APHC010340872025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] MONDAY, THE FOURTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 17381/2025 Between: 1. SMT. NUNE VENKATA LAKSHMI,, W/O. P.MUKKANTI, AGED 42 YEARS, OCC- EMPLOYEE, R/O. 1ST LINE, 4TH CROSS ROAD, SARASWATHI COLONY GUNTUR, GUNTUR DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE SUPERINTENDENT OF POLICE, GUNTUR, GUNTUR DISTRICT. 3. THE STATION HOUSE OFFICER, NALLAPDU POLICE STATION, GUNTUR, GUNTUR DISTRICT. 4. RAMA KRISHNA, S/O. NOT KNOWN TO THE PETITIONER, OCC- SUB INSPECTOR OF POLICE, NALLAPDU POLICE STATION, GUNTUR, GUNTUR DISTRICT. 5. PERUPOGU MUKKANTI, S/O. SUBBAIAH, AGED 43 YEARS, OCC- SUB-INSPECTOR IN VIGILANCE DEPARTMENT OF AP TRANSCO, R/O. 8TH LINE, SARASWATHI COLONY, GUNTUR, GUNTUR DISTRICT. ...RESPONDENT(S): 2 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 respondents, particularly 3rd respondent in not registering the crime on my complaint dated 08.05.2025 against the 5th respondent on the file of 3rd respondent, in spite of the law laid down by Honble Supreme Court of India in Lalita Kumari vs Govt.of U.P. and Ors, as illegal, irregular, irrational, amounts to non discharge of legal obligation conferred on them under the provisions of Bharatiya Nagarik Suraksha Sanhita, 2023 and offends Articles 14 and 21 of Constitution of India and consequently direct the 3rd respondent to register the crime and prosecute the accused person for appropriate offences and penal provisions of law and to pass such other order or orders. 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 3rd respondent to register the crime on my complaint dated 08.05.2025 and prosecute the accused person for appropriate offences and penal provisions of law pending disposal of the above writ petition and to pass such other order or orders. Counsel for the Petitioner: 1. JAMADAGNI CHITTALA Counsel for the Respondent(S): 1. GP FOR HOME The Court made the following: ORDER: Heard learned counsel for the petitioner and learned Assistant Government Pleader for Home, appearing for the respondents 1 to 3. 3 2. Learned counsel for the petitioner would submit that the petitioner herein has lodged a criminal case against respondent No.5, who is her husband, on 08.05.2025. Thereafter, respondent No.5 attacked his wife, who is the petitioner herein again on 09.06.2025. Another complaint has been lodged against him. 3. Learned Assistant Government Pleader for Home, on written instructions, would submit that though the petitioner has given written report against her husband on 08.05.2025, she has withdrawn her complaint in the presence of her father N.Venkata Ramana. So that, police could not register case against respondent No.5. But, again, the petitioner has lodged a report against respondent No.5, which was registered as Crime No.326 of 2025 for the offences punishable under Sections 85, 119 (1) r/w 3(5) of BNS of Arundelpet Police Station on 09.06.2025. 4. Learned counsel for the petitioner would submit that let there be a direction to the police to register a case basing on the report submitted by the petitioner dated 08.05.2025. 5. Learned Assistant Government Pleader vehemently opposed the same stating that the petitioner herself voluntarily withdrawn the complaint, so that police could not register the case. 6. Considering the submissions made, the Writ Petition is disposed of. However, the petitioner is at liberty to work out her remedies relating to her 4 earlier complaint dated 08.05.2025, according to law. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 14.07.2025 ARR 5 189 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 17381/2025 Dt.14.07.2025 ARR