BOORTHI RATHNAKUMARI v. THE STATE OF ANDHRA PRADESH
WP/7380/2025 · 2025-10-27
Venkata Jyothirmai Pratapa
body2025
DailyLaw.ai
[ 2025 DAILYLAW 40711 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 40711 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010143462025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY, THE TWENTY EIGHTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 7380/2025 Between:
1. BOORTHI RATHNAKUMARI, W/O. B.NANI BABU, AGED 35 YEARS, OCC HOUSEWIFE, R/O. D.NO.2-19/2, S.C COLONY, KOTHA KODADA VILLAGE, THONDANGI MANDAL, EAST GODAVARI DISTRICT.
...PETITIONER AND
1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY,
HOME DEPARTMENT, A.P.
SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT.
2. THE DIRECTOR GENERAL OF POLICE, STATE OF ANDHRA PRADESH, A.P POLICE HEADQUARTERS AT MANGALAGIRI, GUNTUR DISTRICT.
3. THE SUPERINTENDENT OF POLICE, KAKINADA DISTRICT, KAKINADA.
4. THE DEPUTY SUPERINTENDENT OF POLICE, PEDDAPURAM, KAKINADA DISTRICT.
5. THE CIRCLE INSPECTOR OF POLICE, TUNI POLICE STATION, TUNI, KAKINADA DISTRICT.
6. THE SUBINSPECTOR OF POLICE, THONDANGI POLICE STATION, THONDANGI, KAKINADA DISTRICT.
7. RAYAVARAPU SATHIBABU, S/O. LATE SUBBA RAO, AGED 70
YEARS, R/O. D.NO.8-50, BENDAPUDI VILLAGE THONDANGI MANDAL, EAST GODAVARI DISTRICT.
8. RAYAVARAPU SATYANARAYANA, S/O. LATE SUBBA RAO, AGED 65 YEARS, R/O. D.NO.8-66, BENDAPUDI VILLAGE THONDANGI MANDAL, EAST GODAVARI DISTRICT.
9. RAYAVARAPU SRIRAMAMURTHY, S/O. LATE SUBBA RAO, AGED 63 YEARS, D.NO.6-177, BENDAPUDI VILLAGE, THONDANGI MANDAL, EAST GODAVARI DISTRICT.
...RESPONDENT(S): Counsel for the Petitioner:
1. S V INDIRA Counsel for the Respondent(S):
1. GP FOR HOME The Court made the following Order:
This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for:
“…to issue a writ or order or direction more particularly one in the nature of writ of mandamus declaring the action of Respondent No.6 in not registering a First Information Report (F.I.R) against Respondent Nos.7 to 9 pursuant to the complaint of the petitioner dated 07.03.2025 even though the complaint discloses the commission of a cognizable offence and further refusing to receive the complaint of the petitioner as illegal, arbitrary, unconstitutional, unjust and violative of Article 14 and 21 of the Constitution of India, violative of procedure contemplated under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Consequently direct Respondent Nos.3 to 6 herein to register a First Information Report (F.I.R) against Respondent Nos.7 to 9, pursuant to the complaint of the petitioner dated 07.03.2025 and to pass”.
2. Heard Ms.S.V.Indira,
learned counsel for the petitioner and Sri Md.Farooq, learned Assistant Government Pleader for Home.
3.
Learned counsel for the petitioner would submit that despite the complaint dated 07.03.2025 made by the petitioner; the Police have not registered any crime against the unofficial respondents.
4. Learned Assistant Government Pleader for Home would submit that initially a crime has been registered against the husband of the petitioner, only to overcome such crime, this writ petition is filed. Learned Assistant Government Pleader would further submit that police have not received any complaint from the petitioner.
5. In reply, learned counsel for the petitioner would submit that the petitioner herself visited the police station and presented a report before the police.
6. Since it is represented that the police are not received any complaint from the petitioner and acknowledgment of such complaint is not available with the petitioner, it is apposite to dispose of the Writ Petition. However, the petitioner is permitted to make a fresh report to the Police. On receipt of such report, the Police are directed to act in accordance with law.
7. With the above directions, 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:28.10.2025 RSD
57 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA
W.P.No.7380 of 2025 Dt.28.10.2025
RSD