SAMADULA MADHUSUDHANA RAO v. THE STATE OF ANDHRA PRADESH
WP/21978/2025 · 2025-08-20
Venkata Jyothirmai Pratapa
body2025
DailyLaw.ai
[ 2025 DAILYLAW 29592 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 29592 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
1
APHC010423292025
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: 21978/2025 Between:
1. SAMADULA MADHUSUDHANA RAO, S/O NAGESWARA RAO, RESIDENT OF MUGGUVARI PETA (SATYASAI COLONY), PALAKOLLU, PALAKOLLU MANDAL, WEST GODAVARI DISTRICT
...PETITIONER AND
1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 2. SUPERINTENDENT OF POLICE, BHIMAVARAM, W.G. DISTRICT. 3. DY SUPERINTENDENT OF POLICE, NARASAPURAM, W. G.
DISTRICT. 4. THE CIRCLE INSPECTOR OF POLICE, PALAKOLLU RURAL CIRCLE POLICE STATION, PALAKOLLU, W.G. DISTRICT. 5. THE STATION HOUSE OFFICER, PALAKOLLU RURAL P.S., PALAKOLLU, W.G. DISTRICT. 6. KALAPUREDDY DAYANAND REDDY, FATHER'S NAME NOT KNOWN TO THIS PETITONER, AGED 22YEARS, RESIDENT OF MUGGUVARI PETA (SATYASAI COLONY),
PALAKOLLU, PALAKOLLU MANDAL, WEST GODAVARI DISTRICT. ...RESPONDENT(S):
2
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 any writ, order or direction more particularly one in the nature of Writ of Mandamus to declare the action of the respondents 2 to 5 especially respondent No. 5 in not registering the FIR against the Respondent NO.6 on the complaint dt.29.7.2025 given by the petitioner as, illegal.
arbitrary and contrary to the provisions of the Bharatiya Nagarik Suraksha Sanhita, 2023 and also violation of principles of natural justice and also violation of Article 14, 19 and Art. 21 of the Constitution of India and consequently to direct the Respondent No.5 to register the FIR basing on the complaint of the petitioner dt.29.7.2025 and take appropriate action against the Respondent No.6 in accordance with law and consequently to direct the Respondent No.4 and 5 and his sub ordinates not to visit the house of the petitioner without following due process of law and to pass such IA 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 pleased to direct the Respondent No.5 to register the FIR basing on the complaint of the petitioner dt.29.7.2025 and take appropriate action against the Respondent NO.6 in accordance with law and to pass IA NO: 2 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 pleased to direct the Respondent No.4 & 5 and his sub ordinates not to visit the house of the petitioner without following due process of law pending disposal of the above writ petition and to pass Counsel for the Petitioner:
1. GOWRI SANKAR CHEEKATLA Counsel for the Respondent(S):
1. GP FOR HOME
3
THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 21978 of 2025
ORDER:
This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for:
“…pleased to issue any writ, order or direction more particularly one in the nature of Writ of Mandamus to declare the action of the respondents 2 to 5 especially respondent No. 5 in not registering the FIR against the Respondent No.6 on the complaint dt.29.7.2025 given by the petitioner as, illegal, arbitrary and contrary to the provisions of the Bharatiya Nagarik Suraksha Sanhita, 2023 and also violation of principles of natural justice and also violation of Article 14, 19 and Art. 21 of the Constitution of India and consequently to direct the Respondent No.5 to register the FIR basing on the complaint of the petitioner dt.29.7.2025 and take appropriate action against the Respondent No.6 in accordance with law and consequently to direct the Respondent No.4 and 5 and his sub ordinates not to visit the house of the petitioner without following due process of law and to pass such.…”
2. Heard Sri Gowri Sankar Cheekatla, 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, submits that, pursuant to a complaint lodged by one K. Devathareddy, a case has been registered as Crime No.100 of 2025 for 'Woman Missing' on 17.05.2025, and the police are presently investigating the matter. It is further submitted that an earlier case had already been registered as Crime No.50 of 2025 on 02.04.2025 in connection with the same missing woman. In the earlier instance, the complainant had suspected the involvement of the petitioner’s son. Both the missing woman and the petitioner’s son were
4
subsequently traced and counseled by the authorities. The learned Government Pleader further submits that, as part of the ongoing investigation in Crime No.100 of 2025, the police visited the residence of the petitioner, as the complainant has once again expressed suspicion regarding the involvement of the petitioner’s son.
4.
Learned counsel for the petitioner would submit that recording the same, the petition may be disposed of.
5. Recording the above said submissions, the Writ Petition is disposed of. However, the police are directed to enquire into the issue regarding the whereabouts of the missing woman. The police are directed to follow the due process of law.
As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 21.08.2025. UPS
5
HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA
W.P.No.21978 of 2025
Dated.21.08.2025
UPS
84