Extracted from the PDF above. The PDF is authoritative.
APHC010007052025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396]
FRIDAY ,THE TENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 935/2025 Between:
1. BHUPATHIRAJU MADHU, , W/O UDAYA SEKHAR RAJU, HINDU, AGE 38 YEARS, OCC HOUSEWIFE, R/O. FLAT NO. 501, PENT HOUSE, GEETHA HOMES,
VAMSI KRISHNA NAGAR, BHIMAVARAM, WEST GODAVARI DISTRICT.
2. BHUPATHIRAJU GAGAN VENKAT LALITH KRISH VARMA, S/O.
UDAY SEKHAR RAJU, AGED 4 YEARS, OCC STUDENT, BEING MINOR, REP. BY MOTHER SMT. BHUPATHIRAJU MADHU W/O UDAYA SEKHAR RAJU, HINDU, FEMALE, AGE 38 YEARS FLAT NO.
501, PENT HOUSE, GEETHA HOMES, VAMSI KRISHNA NAGAR, BHIMAVARAM, WEST GODAVARI DISTRICT.
...PETITIONER(S) AND
1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF HOME, A P SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT.
2. THE SUPERINTENDENT OF POLICE, WEST GODAVARI DISTRICT, BHIMAVARAM
3. THE STATION HOUSE OFFICER, II TOWN PS BHIMAVARAM, WEST GODAVARI DISTRICT.
4. BHUPATHIRAJU UDAY SEKHAR RAJU, S/O. RAMAKRISHNAM RAJU, AGED 41 YEARS, OCC CULTIVATION, R/O. H.NO.1-3-8/15, STREET NO. 4, NEAR COSMOPOLITAN CLUB, BHIMAVARAM,
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WEST GODAVARI DISTRICT-534202
5. BHUPATHIRAJU VENKATA SATYA RAVI KUMAR RAJU, S/O.
RAMAKRISHNAM RAJU, AGED 42 YEARS, R/O. H.NO.1-3-8/15, STREET NO.4, NEAR COSMOPOLITAN CLUB BHIMAVARAM, WEST GODAVARI DISTRICT-534202
6. BHUPATHIRAJU LAKSHMI, W/O. VENKATA SATYA RAVI KUMAR RAJU, AGED 38 YEARS, OCC HOUSEWIFE, R/O. H.NO.1-3-8/15, STREET NO.4, NEAR COSMOPOLITAN CLUB, BHIMAVARAM, WEST GODAVARI DISTRICT-534202
...RESPONDENT(S): Counsel for the Petitioner(S):
1. KALE VIJAYA RAJU Counsel for the Respondent(S):
1. GP FOR HOME The Court made the following:
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ORDER:
This Writ Petition is filed under Article 226 of Constitution of India with the following prayer:
“….to issue a Writ, One in the nature of a Writ of Mandamus under Article 226 of the Constitution of India declaring the action of the respondents No. 2 and 3 in not considering the petitioners representations dated 25.11.2024 and not protecting the life from the Respondent No. 4 to 6 by taking action as illegal, arbitrary and violative of Article 14, 21 of the Constitution of India and against the code of Criminal Procedure and consequently direct the respondent 2 and 3 to protect the petitioners life from the Respondent No. 4 to 6 and take action by consider the representation dated 25.11.2024 made by the petitioner as per law and pass….
2. Heard Sri Kale Vijaya Raju, learned counsel for the petitioners and Sri V.Farook, learned Assistant Government Pleader for Home.
3.
Learned counsel for the petitioners would submit that though the petitioner has submitted the complaint on 25.11.2024, no steps have been taken so far.
4. Learned Assistant Government Pleader placed written instructions dated 07.01.2025 on record.
5. It is beneficial to extract the relevant paragraphs from the written instructions, which are as follows:
“….It is submitted that the petitioner lodged a complaint before the Station House Officer, Bhimavaram II Town Police Station dated 29.102.204, the same was registered as Cr.No.267/2024 u/s.351(2), 109 r/w 3(5) BNS of Bhimavaram II Town Police Station registered against the unofficial respondents and 3 others. During the course of investigation the IO examined LW-1 to 8 and recorded their detailed statements u/s. 180(3) BNSS. Further it is submitted that, basing on the confessional statements, the IO added the A7 to A9. Later on30.10.2024, the IO arrested the accused A1 to A6 and sent them remand. It is further submitted that, the IO addressed a letter to the SDPO, Bhimavaram with a request to delete the A7 to A9 in the above registered crime, the said case in under investigation.
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Matter stood thus, on dated 25.11.2024, the petitioner sent a representation to the SHO, Bhimavaram II Town Police Station, with a request to provide protection to her life. Basing on that, the SHO, Bhimavaram II Town PS called the petitioner for preliminary enquiry. Further the petitioner appeared before the 3rd respondent police station, further the 3rd respondent said to the petitioner, it is not possible to provide protection around the clock and further advised the petitioner as and when required the protection, police will provide necessary protection her…”
6. In that view, this Writ Petition is disposed of, directing the police to consider the representation dated 25.11.2024, by following due process of law. There shall be no order as to costs.
As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _____________________________________ JUSTICE VENKATA JYOTHIRMAI PRATAPA
Date: 10.01.2025 MH
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HON’BLE SMT. JUSTICE VENKATA JYOTHIRMAI PRATAPA
W.P.No.935 of 2025
Dt.10.01.2025
MH