Banavathu Sirisha Bai, v. The State of Andhra Pradesh,
WP/20372/2025 · 2025-08-20
Venkata Jyothirmai Pratapa
body2025
DailyLaw.ai
[ 2025 DAILYLAW 27705 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 27705 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
A APHC010392952025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY,THE TWENTY FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 20372 OF 202fi Between: Banavathu Sirisha Bai, W/o Late Ramana Nayak, Aged about 29 years, Occupation- Film Worker, R/o- ST Sugali Colony, Chilakaluripet Town, Palnadu District. Andhra Pradesh. ...PETITIONER AND
1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Home Department, Secretariat Buildings, Amaravati,
2. The Director General of Police, Andhra Pradesh, Mangalagiri, Guntur District, Andhra Pradesh. Andhra Pradesh. 3. The Superintendent of Police, Palnadu District. Andhra Pradesh. 4. The Sub-Divisional Police Officer, Narasaraopet Narasaraopet. Palnadu District, Andhra Pradesh. 5. The Sub-Inspector of Police/Station House Sub-Division, Officer, ChilakaluripetTown Police Station, Palnadu District, Andhra
6. Ramesh, S/o Not known Pradesh. to petitioner Occ; Circle Inspector Palnadu District. Andhra Pradesh. Chilakaluripet Town Police Station, ...RESPONDENTS of India praying that in the , the High Court may be Petition under Article 226 of the Constitution ■ circumstances stated in the affidavit filed therewith. ty pleased to issue an appropriate Writ or order or direction more particularly respondent police in not disposing writ of Mandamus, declaring the action of the complaint of the petitioner, dated r without conducting any investigation or giving any opportunity to submit evidence and failed to register FIR despite taken any action against the unofficial 03.07.2025 in accordance with law, the receipt of the said complaint Respondent no.6 or as illegal, arbitrary and against the principles of natural justice and also in violation of Article 14, 19, 21 and 300A of Constitution of India and also in contravention of Apex court Judgment in Lalita Kumari Vs Government of (ll.P.,(2014) 2 SCC 1 and consequently direct the respondent Police to register the complaint of the petitioner and take appropriate action in the matter in accordance with law. lA NO: 1 OF 2()9fi Petition under Section 151 CPC in the affidavit filed i direct the official praying that in the circumstances stated in support of the petition, the High Court may be pleased to respondents to produce the CCTV footage Respondent no.5 police station for the time j June 15**^, 2025, pending disposal of above Writ of the period from 1.00 pm to 7:00 Petition. pm on Counsel for the Petitioner; M/s. AYESHA Counsel for the Respondent Nos.1 Counsel for the Respondent No.6:SMT.
The Court made the following order: AZMAS to 5: GP FOR HOME A. JAYANTHI
APHC010392952025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY, THE TWENTY FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT the honourable dr justice VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 20372/2025 Between:
1.BANAVATHU SIRISHA BAI„ W/0 LATE RAMANA NAYAK, AGED about 29 YEARS, OCCUPATION- FILM WORKER, R/0- ST SUGALI COLONY, CHILAKALURIPET TOWN, PALNADU DISTRICT, ANDHRA PRADESH. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT BUILDINGS AMARAVATI, ANDHRA PRADESH. 2.the director general of police, ANDHRA PRADESH, MANGALAGIRI, GUNTUR DISTRICT, ANDHRA PRADESH. 3.THE SUPERINTENDENT OF POLICE, PALNADU DISTRICT, ANDHRA PRADESH. 4.THE SUBDIVISIONAL POLICE OFFICER, NARASARAOPET SUB DIVISION, NARASARAOPET, PALNADU DISTRICT, ANDHRA PRADESH. 5.THE SUBINSPECTOR OF POLICE/STATION HOUSE OFFICER, CHILAKALURIPETTOWN POLICE STATION, PALNADU DISTRICT, ANDHRA PRADESH. 6.RAMESH, S/0 NOT KNOWN TO PETITIONER inspector OCC- CIRCLE CHILAKALURIPET TOWN POLICE STATION,
4 PALNADU district, ANDHRA PRADESH X* ■■■RESPONDENT(S): Petition under Article circumstances stated i pleased to Issue an '^nt of Mandamus 226 of the Constituti 'n the affidavit filed appropriate Writ declaring the 'on of India i therewith, the High action°of°rerponder‘'"r Particularly condur-f P®*'''°ner, dated 03.07.2025 i disposing and against the principles nf n " Respondent
19. 21 and 300A ofSi and also and to pass '® ®®‘'°n 'n the matter j !ANQ: 1 OF yn?.; praying that in the _ Court may be the complaint of the without said complaint no.6 as illegal, ' 'n violation of Article or arbitrary 14, complaint of the accordance with law in Petition under Section 151 npr r, •
“S"; r™ * Srof •"« of the pm on Counsel for the Petitioner:
1AYESHA A2MAS Counsel for the Respondent(S):
1GP FOR HOME
2. A JAYANTHI
3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 20372 of 2025
ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for;
“...pleased to issue an appropriate Writ or order or direction more particularly writ of Mandamus, declaring the action of respondent police in not disposing the complaint of the petitioner, dated 03.07.2025 in accordance with law, without conducting any investigation or giving any opportunity to submit evidence and failed to register FIR despite the receipt of the said complaint or taken any action against the unofficial Respondent No.6 as illegal, arbitrary and against the principles of natural justice and also in violation of Article 14, 19, 21 and 300A of Constitution of India and also in contravention of Apex court Judgment in Lalita Kumari Vs (J.P.,(2014) 2 see 1 and consequently direct the respondent Police to register the complaint of the petitioner and take appropriate action in the matter in accordance with law and to pass....” Government of
2. Heard Ms.Ayesha Azma S, learned counsel for the petitioner and Sri V.Farooq, learned Assistant Government Pleader for Home for the respondents.
3. Learned Assistant Government Pleader for Home, on instructions would submit that the police have examined the information submitted by the petitioner for registration of the crime. But it is found that it is a false case. Hence, they have not registered any crime on such complaint.
4. Per contra,
learned counsel for the petitioner would submit that the alleged statements based on which the police came to the conclusion that it is a false case, were taken by the police forcibly.
4
5. Considering the submissions, the Writ Petition is disposed of. However, the petitioner is at liberty to recourse his remedies before appropriate forum according to law. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed.
Sd/- K TATA RAO DEPUTY^ REGISTRAR //TRUE COPY// ICER SEC To,
1. The Principal Secretary, Home Department, State of Andhra Pradesh, Secretariat Buildings Amaravati, Andhra Pradesh.
2. The Director General of Police, Andhra Pradesh, Mangalagiri, Guntur District, Andhra Pradesh.
3. The Superintendent of Police, Palnadu District, Andhra Pradesh.
4. The Sub-Divisional Police Officer, Narasaraopet Sub-Division, Narasaraopet, Palnadu District, Andhra Pradesh.
5. The Sub-Inspector of Police/Station House Officer, ChilakaluripetTown Police Station, Palnadu District, Andhra Pradesh.
6. One CC to Sri Ayesha Azma S, Advocate [OPUC]
7. Two CCs to GP for Home, High Court of Andhra Pradesh [OUT]
8. One CC to Smt. A. Jayanthi, Advocate [OPUC]
9. Two CD Copies. ssb
r '^4 HIGH COURT DATED:21/08/2025
ORDER WP No. 20372 OF 2025 ' 3 0 AUG 2025 \n ntS«tioBX>^ «o O! DISPOSING OF THE W.P. WITHOUT COSTS