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High Court of Andhra Pradesh · body

2025 DAILYLAW 31522 (AP)

Mallela Srilakshmi, v. The State of Andhra Pradesh,

WP/24090/2025 · 2025-09-10

Venkata Jyothirmai Pratapa

body2025

Judgment text

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APHC010455562025 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) THURSDAY,THE ELEVENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 24090 OF 2025 Between: 1. Mallela Srilakshmi,, W/o. Rama Koteswara Rao, aged about 46 years, R/o. D.No.4-125, Gajulapalem Village, Amaravathi Mandal, Palnadu District, presently residing at 3rd Lane, Pandaripuram, Guntur City, Guntur Distr A.P. 1. The State of Andhra Pradesh, Rep. by its PrI. Secretary, Home Department, Secretariat, Velagapudi, Amaravati. 2. The Director General of Police, A.P. Police Headquarters, Mangalagiri, Guntur District, A.P. 3. The Inspector General of Police, Guntur, Guntur District, A.P. 4. The Superintendent of Police, District Police Office, Narasaraopet, Palnadu District, A.P. 5. The Deputy Superintendent of Police, Sub Sattenapalli, Palnadu District, A.P. 6. The Station House Officer, Amaravathi Police Station, Amaravathi Village and Mandal, Palnadu District, A.P. IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY,THE ELEVENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA PETITION NO: 24090 OF 2025 1. Mallela Srilakshmi,, W/o. Rama Koteswara Rao, aged about 46 years, R/o. 125, Gajulapalem Village, Amaravathi Mandal, Palnadu District, presently residing at 3rd Lane, Pandaripuram, Guntur City, Guntur Distr ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its PrI. Secretary, Home Department, Secretariat, Velagapudi, Amaravati. 2. The Director General of Police, A.P. Police Headquarters, Mangalagiri, General of Police, Guntur, Guntur District, A.P. 4. The Superintendent of Police, District Police Office, Narasaraopet, Palnadu 5. The Deputy Superintendent of Police, Sub-Division Police Office, Sattenapalli, Palnadu District, A.P. e Station House Officer, Amaravathi Police Station, Amaravathi Village and Mandal, Palnadu District, A.P. IN THE HIGH COURT OF ANDHRA PRADESH THURSDAY,THE ELEVENTH DAY OF SEPTEMBER THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA 1. Mallela Srilakshmi,, W/o. Rama Koteswara Rao, aged about 46 years, R/o. 125, Gajulapalem Village, Amaravathi Mandal, Palnadu District, presently residing at 3rd Lane, Pandaripuram, Guntur City, Guntur District, ...Petitioner 1. The State of Andhra Pradesh, Rep. by its PrI. Secretary, Home 2. The Director General of Police, A.P. Police Headquarters, Mangalagiri, 4. The Superintendent of Police, District Police Office, Narasaraopet, Palnadu Division Police Office, e Station House Officer, Amaravathi Police Station, Amaravathi Village ...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 pleased to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of Respondent authorities in not taking any action and not conducting proper investigation in FIR No.9/2024 of Amaravathi Police Station, Amaravathi, Palnadu District and not tracing out the Petitioners husband Mallela Rama Koteswara Rao even after a lapse of more than 28 months period from the date of registration of crime 12.01.2024 as illegal, arbitrary, unjust and against the provisions of law and direct the Respondent authorities to take necessary action and to conduct proper investigation in FIR No.9/2024 of Amaravathi Police Station, Amaravathi, Palnadu District as per the provisions laid down in B.N.S.S. and law and consequently direct the Respondents to investigate properly in FIR No.9/2024 of FIR No.9/2024 of Amaravathi Police Station, Amaravathi, Palnadu District and to trace out the Petitioners husband Mallela Rama Koteswara Rao 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 pass an interim order by directing the Respondent authorities to submit the status report of the crime No. 9/2024 of FIR No. 9/2024 of Amaeravathi Police station, Amaravathi, Palnadu District of this Honble Court immediately until disposal of the Writ petition and pass Counsel for the Petitioner: SRINIVASA RAO NARRA Counsel for the Respondents: GP FOR HOME The Court made the following order: THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 24090 OF 2025 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “…pleased to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of Respondent authorities in not taking any action and not conducting proper investigation in FIR No.9/2024 of Amaravathi Police Station, Amaravathi, Palnadu District and not tracing out the Petitioners husband Mallela Rama Koteswara Rao even after a lapse of more than 28 months period from the date of registration of crime 12.01.2024 as illegal, arbitrary, unjust and against the provisions of law and direct the Respondent authorities to take necessary action and to conduct proper investigation in FIR No.9/2024 of Amaravathi Police Station, Amaravathi, Palnadu District as per the provisions laid down in B.N.S.S. and law and consequently direct the Respondents to investigate properly in FIR No.9/2024 of FIR No.9/2024 of Amaravathi Police Station, Amaravathi, Palnadu District and to trace out the Petitioners husband Mallela Rama Koteswara Rao and pass.…” 2. Heard Sri Narra Srinivasa Rao, learned Counsel for the petitioner and Sri V.Farooq, learned Assistant Government Pleader for Home for the respondents. 3. Learned counsel for the petitioner submitted that despite registration of FIR No.9/2024 on 12.01.2024 at Amaravathi Police Station, Palnadu District, the whereabouts of the Petitioner's husband Sri Mallela Rama Koteswara Rao have not been traced out for more than 28 months. The learned counsel for the petitioner further submitted that the inaction and failure of the police authorities in not conducting proper and effective investigation is causing grave prejudice to the petitioner, who is a helpless wife and the petitioner has also taking proper investigation in this matter to trace out whereabouts of the petitioner. 4. On the other hand, the learned Assistant Government Pleader for Home, on instructions, submitted that the police are making every effort to trace out the husband of the petitioner and that all necessary steps are being taken in this regard. It is contended that the investigation is under progress and the police are leaving no stone unturned to secure the whereabouts of the missing person 5. Considering the submissions of both the learned counsel and on perusal of the material placed on record, this Court is of the view that the grievance of the petitioner cannot be ignored, more particularly in view of the long lapse of time after registration of the FIR. 6. However, this Court directs the Respondent–Police authorities to conduct proper, effective, and fair investigation in FIR No.9/2024 of Amaravathi Police Station, Amaravathi, Palnadu District, and to make every possible effort to trace out the whereabouts of the Petitioner's husband-Sri Mallela Rama Koteswara Rao. The investigation shall be concluded and a report shall be filed before the jurisdictional Court as expeditiously as possible. The petitioner shall be at liberty to approach the Investigation Officer and furnish any information, material, or evidence available with her, so as to assist the Investigating Officer in proceeding with the investigation. The Investigating Officer shall take into account such material and proceed strictly in accordance with law. With the above observations, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 11.09.2025 KKV THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 24090 OF 2025 11.09.2025 KKV