Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 27326 (AP)

S. Sandeep v. The State of Andhra Pradesh

WP/20117/2025 · 2025-09-07

Gannamaneni Ramakrishna Prasad

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010386372025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 050 0l?fe MONDAY, THE EIGHTH DAY OF SEPTEMBER ' TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD , WRIT PETITION NO: 20117 OF 2025 Between: S. Sandeep, S/o Sambaiah, Age-46yrs H.No. 2-127, VTC Uddandrayaunipalem,Guntur District, Andhra Pradesh. ...Petitioner AND 1. The State of Andhra Pradesh, Represented by its Principal Secretary Law (L.A and J) Department, Secretariat, Amaravati, Andhra Pradesh. The Director General of Police, Andhra Pradesh, Mangalagiri, Guntur District, Andhra Pradesh. The District Magistrate, Guntur District, Guntur, Andhra Pradesh. 2. 3. ...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 of Mandamus or any other appropriate Writ, Order, or Direction, directing the Respondents, to consider and allow the appointment of an advocate of my choice as a Special Public Prosecutor to assist the Petitioner in SC.No. 39/2022, as per section 15 of The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 and Rule 4(5) of The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) RULES 1995 within a specified period 4^ 1A NO: 1 OF 2025 i * 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 I pray this Hon’ble court to stay the proceedings in SC.No. 39/2022 on the file of Hon’ble IV Addl. District & Sessions Judge, Guntur Cum Special court affiliated for trial of cases under Sc/St Act, Guntur Counsel for the Petitioner; SRI K KEDARNATH CHOWDARY, LAEARNED COUNSEL APPEARING ON BEHALF OF SRI NALABOLU VENKATA PAVANKUMAR Counsel for the Respondent no.1: GP FOR LAW LEGISLATIVE AFFAIRS Counsel for the Respondent No.2: GP FOR HOME Counsel for the Respondent no.3; GP FOR REVENUE The Court made the following order: 1 APHC010386372025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] MONDAY,THE EIGHTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 20117/2025 Between; 1.S. SANDEEP, S/0 SAMBAIAH, AGE-46YRS H.NO. 2-127, VTC UDDANDRAYAUNIPALEM, GUNTUR DISTRICT, ANDHRA PRADESH. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY LAW (L.A AND J) DEPARTMENT, SECRETARIAT,AMARAVATI,ANDHRAPRADESH. 2.THE DIRECTOR GENERAL OF POLICE, ANDHRA PRADESH, MANGALAGIRI, GUNTUR DISTRICT, ANDHRA PRADESH. 3.THE DISTRICT MAGISTRATE, GUNTUR DISTRICT, GUNTUR, ANDHRA PRADESH. ...RESPONDENT{S): Counsel for the Petitioner; 1. NALABOLU VENKATA PAVANKUMAR Counsel for the Respondent(S); 1.GP FOR HOME 2.GP FOR REVENUE 3.GP FOR LAW LEGISLATIVE AFFAIRS The Court made the following; 2 ORAL ORDER: Heard Sri K. Kedarnath Chowdhary, learned Counsel appearing on behalf of Sri Nalabolu Venkata Pavan Kumar, learned Counsel for the Writ Petitioner, Sri M. Srinu Babu, learned Assistant Government Pleader for Law Legislative Affairs and Sri K. Bhagat Singh, learned Assistant Government Pleader for Revenue. Sri K. Bhagat Singh, learned Assistant Government Pleader for Revenue has submitted the Written Instructions furnished by the District Collector & Magistrate, Guntur dated 06.09,2025 along with certain documents. Copy of it is supplied to the Counsel for the Writ Petitioner as well and the same is taken on record. 2. The document attached to the Written Instruction is a Proceeding of the District Collector & Magistrate, Guntur to the Director of Prosecutions, Vijayawada dated 03.09.2025. The relevant portion of the said Proceeding is usefully extracted hereunder: 3. “In view of the above, it is therefore requested to take necessary action with regard to entrust the prosecution to Tanikonda Chiranjeevi, Advocate as Special Public Prosecutor in SC No.39/S/2022 connected to Crime No,23/2020 of Thullur PS on the file of the Hon’ble Court of Spl. Sessions Judge for trial of cases under SC, ST (POA) Act-cum-IV Addl. District Judge, Guntur and to issue necessary orders in the matter. Copies of the refences cited are enclosed.” 4. The above extract would indicate that the District Collector & Magistrate, Guntur has approved the proposal of the Writ Petitioner and had addressed a Communication to the Director of Prosecutions, Vijayawada, to do the needful. 5. Having regard to the facts and circumstances of this case, this Court deems it appropriate to allow this Writ Petition with a direction to the Director of Prosecutions, Vijayawada to complete the entire process within two (2) 3 weeks from today in accordance with law and communicate the Final Proceeding to the Writ Petitioner forthwith. Writ Petitioner is directed to submit a copy of this Order to the District Collector & Magistrate, Guntur as well as the Director of Prosecutions, Vijayawada, within one week from today, for effective compliance. With these observations and directions, this Writ Petition stands allowed. No order as to costs. 6. 7. Interlocutory Applications, if any, stand closed in terms of this order. 8. / Sd/- P. VINOD J0MAR ASSISTANT REGISTRAR //TRUE COPY// To, SECTION OFFICER 1. The Principal Secretary, State of Andhra Pradesh, Law (L.A and J) Department, Secretariat, Amaravati, Andhra Pradesh. 2. The Director General of Police, Andhra Pradesh, Mangalagiri, Guntur District, Andhra Pradesh. 3. The District Magistrate, Guntur District, Guntur, Andhra Pradesh. 4. One CC tp SRI NALABOLU VENKATA PAVANKUMAR Advocate [OPUC] 5. Two CCs to GP FOR HOME High Court of Andhra Pradesh [OUT] 6. Two CCs to GP FOR REVENUE High Court of Andhra Pradesh [OUT 7. Two CCs to GP FOR LAW LEGISLATIVE AFFAIRS High Court of Andhra Pradesh [OUT] 8. Two CD Copies gsg HIGH COURT DATED: 08/09/2025 ORDER WP NO. 20117 OF 2025 DISPOSING THE WP WITHOUT COSTS