APHC010810472018 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: 39027/2018 Between: 1. SMT. PALAPARTHI VENKAYAMMA, W/O. VEERAIAH, AGED ABOUT 50 YEARS, OCC . HOUSE WIFE, R/O. BALARAM COLONY, ONGOLE, PRAKASAM DISTRICT, ANDHRA PRADESH. 2. PALAPARTHI NAGARAJU, S/O. VEERAIAH, AGED ABOUT YEARS, OCC. CAR DRIVER, R/O. BALARAM COLONY, ONGOLE, PRAKASAM DISTRICT, ANDHRA PRADESH. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY PRINCIPAL SECRETARY HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE DIRECTOR GENERAL OF POLICE, ANDHRA PRADESH. 3. THE SUPERINTENDENT OF POLICE, PRAKASAM DISTRICT, AT ONGOLE. 4. DEPUTY SUPERINTENDENT OF POLICE, ONGOLE, PRAKASAM DISTRICT. 5. STATION HOUSE OFFICER, TALUKA POLICE STATIION, ONGOLE, PRAKASAM DISTRICT. 6. PALAPARTHI BHAGYA LAXMI, W/O. SAMBASIVA RAO, R/O. PRAGATI NAGAR, ONGOLE, PRAKASAM DISTRICT. 2 7. GANGA VENKATESWARLU, OCC. INSPECTOR OF POLICE, TALUKA. POLICE STATIION, ONGOLE, PRAKASAM DISTRICT. 8. M SRINIVASA RAO, OCC. SUB-INSPECTOR OF POLICE, TALUKA. POLICE STATIION, ONGOLE, PRAKASAM 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, more particularly one in the nature of writ of mandamus a) declaring the inaction on the part of the respondent authorities in not registering the FIR on the complaint dated 16.10.2018 submitted by the petitioner No. 1, though the same attracts cognizable offences, in contravention of the law as envisaged by the Honble Supreme Court in Lalita Kumari case (2014 (2) SCC 1) as illegal arbitrary and unjust, b) declaring the action of the respondent Police in harassing the petitioners by repeatedly calling them to the police station and making them to sit in the pclice station from morning to evening and threatening and pressurizing the petitioners to withdraw their complaint made against the respondents No. 6 to 8 as illegal, arbitrary and opposed to established principles of law and violative of Articles 14. 19 and 21 of the Constitution of India and consequently c) direct the respondent authorities to register an FIR on the complaint dated 16.10.2018 lodged by the petitioner and investigate the same by taking appropriate action against the 6th to 8th respondents herein, d) direct the respondent authorities to appoint an officer of the rank not less than Deputy Superintendent of Police as Investigating Officer in the FIR so registered, e) direct the respondent authorities to initiate departmental action against the respondent Nos. 7 and 8, f) direct the respondent authorities to award compensation of Rs.10,00,000/- (Rupees Ten Lakhs only) to the petitioners for the pain and suffering caused to them due to the violation of their fundamental right as guaranteed under Article 21 of the Constitution of India and e) pass such other order or orders as this Honble Court deems fit and proper in the circumstances of the case and in the interest of justice. 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 respondent authorities to forthwith register an FIR on the complaint dated 16.10.2018 lodged by the petitioner No.1 and investigate the same by 3 taking appropriate action as against the 6th to 8th respondents herein and pass IA NO: 2 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 respondent Nos. 1 to 4 to ensure that the petitioners are not harassed and threatened by the respondent Nos. 7 and 8 and pass Counsel for the Petitioner(S): 1. SYED ARIF BASHA Counsel for the Respondent(S): 1. GP FOR HOME (AP) 4 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 39027/2018 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, more particularly one in the nature of writ of mandamus a) declaring the inaction on the part of the respondent authorities in not registering the FIR on the complaint dated 16.10.2018 submitted by the petitioner No. 1, though the same attracts cognizable offences, in contravention of the law as envisaged by the Honble Supreme Court in Lalita Kumari case (2014 (2) SCC 1) as illegal arbitrary and unjust, b) declaring the action of the respondent Police in harassing the petitioners by repeatedly calling them to the police station and making them to sit in the police station from morning to evening and threatening and pressurizing the petitioners to withdraw their complaint made against the respondents No. 6 to 8 as illegal, arbitrary and opposed to established principles of law and violative of Articles 14. 19 and 21 of the Constitution of India and consequently c) direct the respondent authorities to register an FIR on the complaint dated 16.10.2018 lodged by the petitioner and investigate the same by taking appropriate action against the 6th to 8th respondents herein, d) direct the respondent authorities to appoint an officer of the rank not less than Deputy Superintendent of Police as Investigating Officer in the FIR so registered, e) direct the respondent authorities to initiate departmental action against the respondent Nos. 7 and 8, f) direct the respondent authorities to award compensation of Rs.10,00,000/- (Rupees Ten Lakhs only) to the petitioners for the pain and suffering caused to them due to the violation of their fundamental right as guaranteed under Article 21 of the Constitution of India and pass .…” 2. None represented for the petitioners. 3. When the matter is taken up for hearing, learned Assistant Government Pleader would submit that, upon verification, it has been found that the police 5 authorities have not received any complaint from the petitioners in connection with the subject matter of the writ petition and the Writ Petition may be closed. 4. Recording the same, this Writ Petition is disposed of. However, the petitioners are at liberty to recourse his remedies according to law before the appropriate forum. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 17.07.2025 MH 6 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA 30 WRIT PETITION NO: 39027/2018 Dt.17.07.2025 MH