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2025 DAILYLAW 27801 (AP)

GAVIDI BHARATHI v. THE STATE OF ANDHRA PRADESH

WP/20485/2025 · 2025-08-04

Venkata Jyothirmai Pratapa

body2025

Judgment text

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I ■I APHC010394672025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY,THE FIFTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 20485 OF 2025 Between: Gavidi Bharathi, W/o Krishna Rao, D/o Tathamma, Aged about 41 Years, Occ Household duties, R/o. Dr.no.C-99, Nadupuru Village and Mandal, Vizianagaram District - 535 280 Andhra Pradesh ...Petitioner AND 1. The State Of Andhra Pradesh, Rep. by its Principal Secretary, Home Department, Secretariat Buildings Velagapudi, Amaravathi, Guntur District. 2. The Director General of Police, Government of Andhra Pradesh, Mangalagiri, Guntur District. 3. The District Collector, Vizianagaram District. 4. The Superintendent of Police, Vizianagaram District. 5. The Deputy Superintendent of Police, CheepurupalH, Vizianagaram District. 6. The Inspector of Police, CheepurupalH, Vizianagaram District. 7. The Station House Officer, Gurla Police Station, Vizianagaram District. 8. Kotia Chinna Trinadha, S/o Late Chinna Suri Aged 52 years, Occ Agriculture, Nadupuru Village, Gurla Mandal, Vizianagaram District. 9. Kotia Ramu Naidu, S/o Lakshman Naidu, Age 38 years, Occ Agriculture, Nadupuru Village, Gurla Mandal, Vizianagaram District. 10. Kurrothu Suryanarayana, S/o Late Lakshman Age 40 years, Occ Agriculture, Nadupuru Village, Gurla Mandal, Vizianagaram District. Botcha Suryanarayana, S/o Late Appala Ramu, Age 40 years, Occ Agriculture, Nadupuru Village, Gurla Mandal, Vizianagaram District. 11. 12. Chelluru Narayana Rao, S/o Pydithalli Age 38 Years, Occ Agriculture, Nadupuru Village, Gurla Mandal, Vizianagaram District. 13. Bodha Suribabu, S/o Late Satyam Age 29 Years, Oc Agriculture, Nadupuru Village, Gurla Mandal, Vizianagaram District. ...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 or order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not taking the action on the report submitted on dated 08.03.2025 to the Station House Officer i.e. 7th respondent and PGRS complaints dated 10.03.2025 and 17.03.2025 to the respondents 3 and 4, despite made out cognizable offences against unofficial respondent no.8 to 13 is illegal, arbitrary, violation of guidelines in Lalitha Kumari Case and also provisions of Bharatiya Nagarika Suraksha Sanhitha and also which are contrary to the principles and law laid in catena of judgments by the Hon'ble Supreme Court and also violation of Articles 14, 19 and 21 of the constitution of India, consequently direct the 7th respondent to register report dated 08.03.2025 as FIR and complete the investigation and file the charge sheet before the competent court and other reliefs. lA 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 to direct the 7th respondent to register the report dated 08.03.2025 as FIR and the complete the invesligation pending disposal of the above writ petition. Counsel for the Petitioner; SRI DASARI S VV S V PRASAD Counsel for the Respondent Nos.1 & 2, 4 to 7: GP FOR HOME Counsel for the Respondent No.3: GP FOR REVENUE Counsel for the Respondent Nos.8 to 13: NONE APPEARED The Court made the following order: APHC010394672025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] \ TUESDAY, THE FIFTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 20485/2025 Between: 1.GAVIDI BHARATHl, W/0 KRISHNA RAO, D/0 TATHAMMA, AGED ABOUT 41 YEARS, OCC HOUSEHOLD DUTIES, R/0. DR.NO.C-99, NADUPURU VILLAGE AND MANDAL, VIZIANAGARAM DISTRICT - 535 280 ANDHRA PRADESH ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT BUILDINGS VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE DIRECTOR GENERAL OF POLICE, GOVERNMENT OF ANDHRA PRADESH, MANGALAGIRI, GUNTUR DISTRICT. 3. THE DISTRICT COLLECTOR, VIZIANAGARAM DISTRICT. 4. THE SUPERINTENDENT OF POLICE, VIZIANAGARAM DISTRICT. 5. THE DEPUTY SUPERINTENDENT OF POLICE, CHEEPURUPALLI, VIZIANAGARAM DISTRICT. 6. THE INSPECTOR OF POLICE, CHEEPURUPALLI, VIZIANAGARAM DISTRICT. 7. THE STATION HOUSE OFFICER, GURLA POLICE STATION, VIZIANAGARAM DISTRICT. 8. KOTLA CHINNA TRINADHA, S/0 LATE CHINNA SURI AGED 52 YEARS, OCC AGRICULTURE, NADUPURU VILLAGE, GURLA MANDAL, VIZIANAGARAM DISTRICT. 9. KOTLA RAMU NAIDU, S/0 LAKSHMAN NAIDU, AGE 38 YEARS, OCC AGRICULTURE, NADUPURU VILLAGE, GURLA MANDAL, VIZIANAGARAM DISTRICT. 10.KURROTHU SURYANARAYANA, S/0 LATE LAKSHMAN AGE 40 YEARS, OCC AGRICULTURE, NADUPURU VILLAGE, GURLA MANDAL, VIZIANAGARAMDISTRICT. 11.BOTCHA SURYANARAYANA, S/0 LATE APPALA RAMU, AGE 40 YEARS, OCC AGRICULTURE, NADUPURU VILLAGE, GURLA MANDAL, VIZIANAGARAM DISTRICT. 12.CHELLURU NARAYANA RAO, S/0 PYDITHALLI AGE 38 YEARS, OCC AGRICULTURE, NADUPURU VILLAGE, GURLA MANDAL, VIZIANAGARAM DISTRICT. 13.BODHA SURIBABU, S/0 LATE SATYAM AGE 29 YEARS, OC NADUPURU VILLAGE, GURLA MANDAL, AGRICULTURE 2 VIZIANAGARAM DISTRICT. I ...RESPONDENT(S): Counsel for the Petitioner: 1. DASARI S VV S V PRASAD Counsel for the Respondent(S): 1.GP FOR HOME The Court made the following: ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: a writ or order or direction more foarticularly one in the nature of Writ of Mandamus declaring the action of the respondents in not taking the action on the report submitted on dated 08.03.2025 to the Station House Officer i e 7th respondent and PGRS comptaints dated 10.03.2025 and 17.03.2025 to the respondents 3 and 4 despite made out cognizable offences against unofficial respondent Nos. 8 to 13 is illegal arbitrary violation of guidelines in Lalitha Kumari Case and also provisions of Bharatiya Nagarika Suraksha Sanhitha and also which are contrary to the principles and law laid in catena ofjudgments by the Honble Supreme Court and also violation of Articles 14 19 and 21 of the constitution of India consequently direct the 7th respondent to register report dated 08.03.2025 as FIR and complete the investigation and file the charge sheet before the competent court and other reliefs." 2. Sri Md.Farooq, learned Assistant Government Pleader for Home written instructions, would submit that the PGRS complaint made by the petitioner has been closed, as the dispute between the parties is civil in nature. , on 3. Recording the said submissions, the Writ Petition is disposed of. However, the Petitioner is at liberty to work out her remedies before appropriate forum in accordance with law. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed. Sd/. B PRASADA RAQ ASSISTANTi .REGiSTR^R //TRUE COPY// SECTI ficer To, 1. The Principal Secretary, Home Department, Secretariat Buildings Velagapudi, Amaravathi, Guntur District. 2. The Director General of Police, Government of Andhra Pradesh, Mangalagiri, Guntur District. 3. The District Collector, Vizianagaram District. 4. The Superintendent of Police, Vizianagaram District. 5. The Deputy Superintendent of Police, Cheepurupalli, Vizianagaram District. 6. The Inspector of Police, Cheepurupalli, Vizianagaram District. 7. The Station House Officer, Gurla Police Station, Vizianagaram District. 8. One CC to Sri. Dasari S V V S V Prasad, Advocate [OPUC] 9. Two CCs to GP For Home, High Court of Andhra Pradesh [OUT] Two CCs to GP For Revenue, High Court of Andhra Pradesh [OUT], Two CD Copies. 10. 11. AL HIGH COURT DR.VJP,J DATED;05/08/2025 AL ORDER WP NO. 20485 OF 2025 DISPOSING THE W.P. WITHOUT COSTS