APHC010535192018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY,THE SEVENTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 25318/2018 Between: 1. SHAIK MAHABOOB BEGUM, W/O. MOULALI, AGED ABOUT 42 YEARS, R/O. SAIBABA TEMPLE STREET, HARANADAPURAM, 2ND LANE, NELLORE TOWN, SPSR NELLORE DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH REPD BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT., SECRETARIAT, VELAGAPUDI, THULLUR MANDAL, GUNTUR DISTRICT. A.P. 2. THE DEPUTY SUPERINTENDENT OF POLICE, NELLORE, SPSR NELLORE DISTRICT. 3. THE SUPERINTENDENT OF POLICE, NELLORE. SPSR NELLORE DISTRICT. 4. THE STATION HOUSE OFFICER IV TOWN POLICE STATION, NELLORE, SPSR NELLORE DISTRICT ...RESPONDENT(S): 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 toIssue a writ or order or direction more particularly one in the nature of writ of Mandamus declaring the action of the respondents in not discharging their duties pursuant to registering F.I.R.No. 295/2017, dt 16-11-2017 under Sec. 363 and 366(A) R/w 34 of I.P.C, on the file of the 4th respondent as illegal, arbitrary, unjust and violative of Article 14 and 21 of the Constitution of 2 India. Consequently direct the respondents to secure A the custody of minor victim from the hands of the accused duly arresting the accused referred in the said FIR and pass IA NO: 1 OF 2018 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 direct the respondents Nos.2 to 4 to take action and arrest the accused pursuant to registration of F.I.R.No. 295/2017 dt. 16.11.2017 pending disposal of the above W.P. and pass Counsel for the Petitioner: 1. S A RAZAK Counsel for the Respondent(S): 1. GP FOR HOME (AP) 3 The Court made the following: ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer: “….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 discharging their duties pursuant to registering F.I.R.No. 295/2017, dt 16-11-2017 under Sec. 363 and 366(A) R/w 34 of I.P.C, on the file of the 4th respondent as illegal, arbitrary, unjust and violative of Article 14 and 21 of the Constitution of India. Consequently direct the respondents to secure A the custody of minor victim from the hands of the accused duly arresting the accused referred in the said FIR and pass.…” 2. Heard Sri S.A.Razak, learned counsel for the petitioner and Sri V.Farook, learned Assistant Government Pleader for Home. 3. Learned counsel for the petitioner would submit that despite registering FIR No. 295 of 2017 under Sections 363 and 366(A) read with Section 34 of IPC, the police are not taking any further action, and a direction may be given to the police to proceed further. 4. Learned Assistant Government Pleader would submit that A.1 was granted anticipatory bail vide Crl.M.P.No.1774 of 2024, dated 19.12.2024, on the file of the V Additional District and Sessions Judge Court, Nellore, and after completion of the investigation, a charge sheet has been filed against the accused. 5. Recording the same, this writ petition is disposed of. There shall be no order as to costs. 4 As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 17.07.2025 MH 5 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA 99 WRIT PETITION NO: 25318/2018 Dt.17.07.2025 MH