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High Court of Andhra Pradesh · body

2025 DAILYLAW 31411 (AP)

POLAVARAPU HIMA BINDU v. THE STATE OF AP

WP/24128/2025 · 2025-09-15

Venkata Jyothirmai Pratapa

Transfer Petitionbody2025

Judgment text

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APHC010460232025 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) TUESDAY,THE SIXTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 24128 OF 2025 Between: 1. POLAVARAPU HIMA BINDU, W/o. Harsha, R/o. H. No. 2 Plot No. 130, Hanumas Balaji Residency Jaya Nagar, Tirumalagiri, Kukatpally, Hyderabad, Telengana State. 1. THE STATE OF AP, Rep. b Department, Secretariat, Velagapudi, Amaravati, Guntur District. 2. The Director General of Police, Police Headquarters, Mangalagiri, Guntur District 3. The Commissioner of Police, Commissionerate Vijayawada, NTR District 4. D Chavan, S/o. Not Known Aged Kanchikacherla PS, R/o. Kanchikacherla Village and Mandal, NTR District 5. Bonagiri Raju, S/o. Not Known Aged Kanchikacherla PS, R/o. Kanchikacherla Village and Mandal, NTR District IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY,THE SIXTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA PETITION NO: 24128 OF 2025 1. POLAVARAPU HIMA BINDU, W/o. Harsha, R/o. H. No. 2-22- Plot No. 130, Hanumas Balaji Residency Jaya Nagar, Tirumalagiri, Kukatpally, Hyderabad, Telengana State. ...Petitioner AND 1. THE STATE OF AP, Rep. by its Principal Secretary to Government Home Department, Secretariat, Velagapudi, Amaravati, Guntur District. 2. The Director General of Police, Police Headquarters, Mangalagiri, Guntur 3. The Commissioner of Police, Commissionerate Vijayawada, Vijayawada, 4. D Chavan, S/o. Not Known Aged - Years, Occ- Circle Inspector of Police, Kanchikacherla PS, R/o. Kanchikacherla Village and Mandal, NTR District 5. Bonagiri Raju, S/o. Not Known Aged - Years, Occ- Sub-Inspector of Police, nchikacherla PS, R/o. Kanchikacherla Village and Mandal, NTR District ...Respondents IN THE HIGH COURT OF ANDHRA PRADESH THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA -193/B/302, Plot No. 130, Hanumas Balaji Residency Jaya Nagar, Tirumalagiri, ...Petitioner y its Principal Secretary to Government Home 2. The Director General of Police, Police Headquarters, Mangalagiri, Guntur Vijayawada, Circle Inspector of Police, Kanchikacherla PS, R/o. Kanchikacherla Village and Mandal, NTR District Inspector of Police, nchikacherla PS, R/o. Kanchikacherla Village and Mandal, NTR 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 toPleased to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the inaction of the respondents 2 and 3 on my representation dt.29.07.2025 submitted seeking to Initiate independent inquiry and take disciplinary action against the respondent Nos. 4 and 5 for acting beyond jurisdiction in arresting a woman and further refusing to take complaints filed by the petitioner and her family members, as illegal, irrational, violation of principals of natural justice and against to the Articles 14, 19 and 21 of constitution of India and consequently direct the respondent Nos. 2 and 3 to initiate appropriate action against the respondent Nos. 4 and 5 and also initiate departmental enquiry and pass 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 Nos. 2 and 3 to consider my representation Dated. 29.07.2025, submitted seeking to Initiate independent inquiry and take disciplinary action against the respondent Nos. 4 and 5 for acting beyond jurisdiction in arresting a woman, pending disposal of the main Writ Petition and pass Counsel for the Petitioner: UDAY KUMAR VAMPUGADAVALA Counsel for the Respondents: GP FOR HOME The Court made the following order: THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 24128 OF 2025 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “…inaction of the respondents 2 and 3 on my representation dt.29.07.2025 submitted seeking to Initiate independent inquiry and take disciplinary action against the respondent Nos. 4 and 5 for acting beyond jurisdiction in arresting a woman and further refusing to take complaints filed by the petitioner and her family members, as illegal, irrational, violation of principals of natural justice and against to the Articles 14, 19 and 21 of constitution of India and consequently direct the respondent Nos. 2 and 3 to initiate appropriate action against the respondent Nos. 4 and 5 and also initiate departmental enquiry and pass...” 2. Heard Sri V.Uday Kumar, learned counsel for the petitioner and Sri Md.Farooq, learned Assistant Government Pleader for Home. 3. When the matter is taken up for hearing, learned Assistant Government Pleader for Home would submit that the representation of the petitioner dated 29.07.2025 is still under consideration before the 3rd respondent, who is the competent authority, and that an appropriate decision will be taken in accordance with law. 4. sIn the light of the stand taken by the learned Assistant Government Pleader for Home that the petitioner’s representation is pending consideration before the 3rd respondent, this Court deems it appropriate to direct the said authority to examine the representation in detail, and take an appropriate decision in accordance with governing rules and law. 5. Accordingly, this Writ Petition is disposed of with a direction to the 3rd respondent – Commissioner of Police, to consider the representation dated 29.07.2025 submitted by the petitioner, conduct necessary enquiry if required, and pass appropriate orders in accordance with law within a period of three (03) weeks from the date of receipt of a copy of this order. As a sequel thereto, pending miscellaneous petitions if any, shall stands closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 16.09.2025. KKV 54 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 24128 OF 2025 16.09.2025 KKV