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2025 DAILYLAW 24598 (AP)

Talakayala Kumari v. The State of Andhra Pradesh

WP/23082/2020 · 2025-08-31

Venkata Jyothirmai Pratapa

body2025

Judgment text

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APHC010347152020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] MONDAY,THE FIRST DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 23082/2020 Between: 1. TALAKAYALA KUMARI, W/O. GOPAL, AGED ABOUT 54 YEARS, CASTE SCHEDULED CASTE (MALES), R/O. HOUSE BOARD COLONY, ONGOLE, PRAKASAM DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF HOME, A. P. SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE SUPERTINDENT OF POLICE, ONGOLE, ANDHRA PRADESH 3. THE DY SUPERTINDENT OF POLICE, ONGOLE, ANDHRA PRADESH 4. THE STATION HOUSE OFFICER, ONGOLE TALUKA POLICE STATION, ONGOLE, PRAKASAM DIST. ...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 particularly, one in the nature of writ of Mandamus 'declaring the action of the respondents in not conducting the further investigation in respect of crime FIR No 449 of 2020 on the file of Taluka police station, Ongole against the accused Under Section 363, 427, 448, 506 r/w 34 IP, 3(1) (r), 3(1)(s), 3(2)(va) SC, Si POA Act in FIR No.449 of 2020, dated 19.09.2020 in accordance with procedure 2 contemplated u/s 157 of Cr. P.0 and rule 7 of SC ST Rules as illegal, arbitrary and violation of principles of natural justice and also violations of Article 14,16,19 and 300-A of the. Constitution of India and consequently direct the regridndents to prevent the accused for committing further commisson of offence and pass IA NO: 1 OF 2020 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 respondents to provide security to the petitioner's faMily as the accused threatening them with dire consequences taking advantage of their old age and helpless condition and pass Counsel for the Petitioner: 1. JADA SRAVAN KUMAR Counsel for the Respondent(S): 1. GP FOR HOME 3 The Court made the following: ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “…to issue a writ order or direction particularly, one in the nature of writ of Mandamus 'declaring the action of the respondents in not conducting the further investigation in respect of crime FIR No 449 of 2020 on the file of Taluka police station, Ongole against the accused Under Section 363, 427, 448, 506 r/w 34 IP, 3(1) (r), 3(1)(s), 3(2)(va) SC, Si POA Act in FIR No.449 of 2020, dated 19.09.2020 in accordance with procedure contemplated u/s 157 of Cr. P.0 and rule 7 of SC ST Rules as illegal, arbitrary and violation of principles of natural justice and also violations of Article 14,16,19 and 300-A of the. Constitution of India and consequently direct the respondents to prevent the accused for committing further commission of offence and pass....…” 2. Heard Sri Jada Sravan Kumar, learned Counsel for the petitioner and Sri V.Farooq, learned Assistant Government Pleader for Home for the respondents. 3. Learned counsel for the petitioner would submit that a direction may be given to the police to investigate and file a report. 4. Learned Assistant Government Pleader would submit that Court may pass appropriate orders. 5. Considering the submissions, this writ petition is disposed of. However, the police are directed to conclude the investigation and file a report according to law as expeditiously as possible preferably within a period of two months from the date of receipt of copy of this order. There shall be no order as to costs. 4 As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATAJYOTHIRMAI PRATAPA Date: 01.09.2025 MH 5 HON’BLE DR. JUSTICE VENKATAJYOTHIRMAI PRATAPA 69 W.P.No.23082 of 2020 Dated: 01.09.2025 MH