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2025 DAILYLAW 41737 (AP)

J. Santha Kumari v. The State of Andhra Pradesh

WP/10309/2024 · 2025-12-02

Venkata Jyothirmai Pratapa

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Judgment text

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APHC010186542024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] WEDNESDAY, THE THIRD DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 10309/2024 Between: 1. J. SANTHA KUMARI, W/O. JOHN SON, S-126, JJ CONVENT STREET, RAMPACHODAVRAM, A.S.R. DISTRICT, ANDHRA PRADESH- 533288. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF HOME, SECRETARIAT BUILDINGS VELGAPUDI, AMARAVATHI, ANDHRA PRADESH 2. THE DIRECTOR GENERAL OF POLICE, STATE OF ANDHRA PRADESH. 3. THE SUPERINTENDENT OF POLICE, ALLURI SITARAMARAJU DISTRICT 4. STATION HOUSE OFFICER P S, RAMPACHODAVARAM (ASR) DISTRICT. 5. JAVADALA CHANDRA SEKHAR, S/O. JOHNSUNDAR RAO, 2ND WARD PANDU SATYAMGARI STREET, VEMAGARI, KADIYAM MANDAL, EAST GODAVARAI DISTRICT-533125. 6. J RATNAKUMARI, W/O CHANDRA SEKHAR, 2ND WARD PANDU SATYAMGARI STREET, VEMAGARI, KADIAM MANDAL, EAST GODAVARAI DISTRICT-533125. ...RESPONDENT(S): 2 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 or order or direction more particularly one in the nature of Writ of Mandamus declaring inaction of the respondents in considering the complaint dated 15.03.2024 submitted to the respondent No.3 and 4 for taking legal action against the respondent No.5 and 6 also providing Police protection to the petitioner and her parents is illegal, arbitrary and violation of principles of natural justice and consequently direct the respondents No.3 and 4 to take action on the complaint dt. 15-03-2024 filed by the petitioner against the respondent No.5 and 6 and pass IA NO: 1 OF 2024 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.3 and 4 to take action on the complaint Dt. 15.03.2024 filed by the petitioner against the respondent No.5 & 6, pending disposal of the writ petition and pass Counsel for the Petitioner: 1. UTTARA LEGAL Counsel for the Respondent(S): 1. GP FOR HOME 2. SASANKA BHUVANAGIRI 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 10309 of 2024 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 inaction of the respondents in considering the complaint dated 15.03.2024 submitted to the respondent Nos.3 and 4 for taking legal action against the respondent Nos.5 and 6 also providing Police protection to the petitioner and her parents is illegal, arbitrary and violation of principles of natural justice and consequently direct the respondents Nos.3 and 4 to take action on the complaint dt. 15-03-2024 filed by the petitioner against the respondent No.5 and 6 and pass.…” 2. When the matter is taken up for hearing, Sri V.Farook, learned Assistant Government Pleader for Home, on written instructions, would submit that basing on the complaint of the petitioner, a case has been registered against the unofficial respondents in Cr.No.80 of 2024 under Sections 447, 379, 427, 323 & 506 r/w 34 of IPC of Rampachodavaram P.S. He would further submit that in this case, charge sheet was also filed vide C.C.No.478 of 2025 on 10.09.2025, which is pending for trial. Learned Assistant Government Pleader for Home would further submit that basing on the petition filed by the Accused No.2 in the above case, a case in Cr.No.83 of 2024 under Sections 323, 506 r/w 34 of IPC, 152(2) of Cr.P.C., of Rampachodavaram P.S. In this case also, charge sheet is filed on 12.09.2025 vide C.C.No.477 of 2025. 4 3. Learned counsel for the petitioner would submit that recording the same, the petition may be disposed of. 4. Recording the above said submissions, this Writ Petition is disposed of. 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: 03.12.2025. UPS 5 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.10309 of 2024 Dated.03.12.2025 UPS 287