APHC010610422025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] MONDAY, THE SEVENTEENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 31702/2025 Between: 1. MARADABUDI ROHINI, W/O Y.HEMANTH KUMAR D/O ESWARARAO AGED.22 YEARS,R/O.36-99-89/1, RAMJEE ESTATE,KANCHARAPALEM VISAKHAPATNAM. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 2. THE DIRECTOR GENERAL OF POLICE, STATE OF ANDHRA PRADESH CHWV H8M,MANGALAGIRI,-522502,AP 3. THE COMMESSIONER OF POLICE, VISAKHAPATNAM CITY,VISAKHAPATNAM, 4. THE STATION HOUSE OFFICER, KANCHARAPALEM POLICE STATION,VISAKHAPATNAM DISTRICT. 5. Y HEMANTH KUMAR, S/OY.RAVIKUMAR,AGED.25 YEARS R/O D.NO 39-96-10/2,RAMZEE ESTATE, KANCHARAPALEM, VISAKHAPATNAM. ...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 issue a writ ,order or orders one in the nature of writ of mandamus 2 declaring the action of the respondents padicularly 4th respondent are not conducting proper enquiry and not registered suitable sections as per the content of the complaint and registered simple sections in Crime No. 124/2025 on the file of Kancharapalem police station without proper enquiry and without taking evidence from the petitioner as illegal,arbitrary,violative of Article 21 of the Constitution of India and misuse of powers vested with the office of the 4th respondent and consequently direct the 4th respondent to alter the sections in crime No. 124/2025 in the interst of the justice and to 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 to direct the 4th respondent to conduct fair investigation and alter the sections in FIR No. 124/2025 and file final report pending disposal of the above writ petition and pass Counsel for the Petitioner: 1. M. SAPTHAGIRI Counsel for the Respondent(S): 1. M. SAPTHAGIRI Counsel for the Respondent(S): 1. GP FOR HOME 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 31702 of 2025 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “…to issue a writ ,order or orders one in the nature of writ of mandamus declaring the action of the respondents particularly 4th respondent are not conducting proper enquiry and not registered suitable sections as per the content of the complaint and registered simple sections in Crime No. 124/2025 on the file of Kancharapalem police station without proper enquiry and without taking evidence from the petitioner as illegal, arbitrary, violative of Article 21 of the Constitution of India and misuse of powers vested with the office of the 4th respondent and consequently direct the 4th respondent to alter the sections in crime No. 124/2025 in the interest of the justice and to pass.…” 2. Heard Sri M. Sapthagiri, learned Counsel for the Petitioner and Sri V.Farook, learned Assistant Government Pleader for Home for the Respondents. 3. Learned Assistant Government Pleader for Home, on instructions, would submit that the Petitioner has approached this Court seeking a direction to consider her representation for alteration of Section of law in Crime No.124 of 2025 of Kancharapalem Police Station registered for the offences punishable under Sections 85 & 351(2) r/w 3(5) of BNS., during the pendency of the investigation. Learned Assistant Government Pleader for Home would further submit that the accused in the above said crime has approached this Court in Crl.P.No.5094 of 2025. A Coordinate Bench of this Court granted stay 4 of all further proceedings in this matter vide Orders dated 06.05.2025, due to which, the police are not able to examine the cause of the Petitioner herein. 4. Recording the submissions made by the learned Assistant Government Pleader for Home, this Writ Petition is disposed of. However, the Petitioner is at liberty to take necessary steps in Crl.P.No.5094 of 2025 to vacate the stay, if so advised. 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: 17.11.2025. UPS/RMR 5 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.31702 of 2025 Dated.17.11.2025 UPS/RMR 37