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2025 DAILYLAW 38880 (AP)

Kilari Sridevi v. The State of AP

WP/37960/2018 · 2025-07-20

Venkata Jyothirmai Pratapa

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010784742018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] MONDAY,THE TWENTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 37960/2018 Between: 1. KILARI SRIDEVI, W/O RAVI KUMAR, AGED ABOUT 35 YEARS, OCC. HOUSEWIFE, R/O D.NO. 11-407/2, NAGARALU, 2ND LANE, AMARAVATHI ROAD, GUNTUR, GUNTUR DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT, AMARAVATHI, VELAGAPUDI, GUNTUR DIST. 2. THE SUPERINTENDENT OF POLICE, GUNTUR, GUNTUR DISTRICT. 3. THE CIRCLE INSPECTOR, SATTENAPALLI RURAL POLICE STATION, GUNTUR DISTRICT. 4. THE STATION HOUSE OFFICER, KROSURU P.S, GUNTUR DISTRICT. 5. PRATIPATI SURESH, SUB INSPECTOR OF POLICE, TENALI II TOWN POLICE STATION, (ERSTWHILE S.I OF KROSURU P.S). GUNTUR 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 to to issue a writ, order or direction more particularly one in the nature of Writ Of Mandamus declaring the action of the respondents 2 to 4 in failing 2 to include the name of the 5th respondent in FIR No. 260/2018 Dt.08-09-2018 as illegal, arbitrary, unconstitutional, and violation of the Article 14, 19 (g) and 21 of the Constitution of Indian also violation of principles of natural justice and consequently direct the respondents No. 2 to 4 to include the name of the 5th respondent in the above said FIR by following due process of law 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 to direct the Respondents No. 2 to 4 forthwith to include the name of the 5th respondent in FIR No. 260/2018 Dt:08-09-2018 and to take up the investigation, pending disposal of writ petition and pass Counsel for the Petitioner: 1. SHAIK KARIMULLA 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, order or direction more particularly one in the nature of Writ Of Mandamus declaring the action of the respondents 2 to 4 in failing to include the name of the 5th respondent in FIR No. 260/2018 Dt.08-09-2018 as illegal, arbitrary, unconstitutional, and violation of the Article 14, 19 (g) and 21 of the Constitution of Indian also violation of principles of natural justice and consequently direct the respondents No. 2 to 4 to include the name of the 5th respondent in the above said FIR by following due process of law and pass.…” 2. Heard Sri Shaik Karimullah, learned counsel for the petitioner and Sri V.Farook, learned Assistant Government Pleader for Home. 3. Learned counsel for the petitioner would submit that the police are not taking any action and not including the name of 5th respondent in FIR No.260 of 2018. 4. Learned Assistant Government Pleader, on written instructions, would submit that the representation of the petitioner have not considered for registration of the case, since it is a matter of civil in nature. 5. Learned counsel for the petitioner would submit that recording the same, the petition may be disposed of. 6. Recording the submission of learned Assistant Government Pleader, this writ petition is disposed of. However, the petitioner is at liberty to work out his remedies according to law before the appropriate forum. 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: 21.07.2025 MH 5 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA 268 WRIT PETITION NO: 37960/2018 Dt.21.07.2025 MH