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2025 DAILYLAW 42155 (AP)

CHINTALAPUDI NAGALAKSHMI v. State of Andhra Pradesh,

WP/4306/2022 · 2025-11-20

Venkata Jyothirmai Pratapa

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Dr.VJP,J W.P.No.4306 of 2022 APHC010067712022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY,THE TWENTY FIRST DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 4306 OF 2022 Between: 1. CHINTALAPUDI NAGALAKSHMI, W/o. CH. V. V. Nagendra Vara Prasad, Aged about 43 years, Occu. Village Revenue Assistant, R/o Door No.2-48, Ramalayam Street, Chanamilli Village, Nidamarru Mandal, West Godavari District, Andhra Pradesh. ...Petitioner AND 1. State of Andhra Pradesh, Rep. by its. Principal Secretary, Home Department, Government of Andhra Pradesh, Secretariat, Velagapudi, Amaravati. 2. The Director General of Police, Andhra Pradesh, Mangalagiri, Guntur District. 3. The Superintendent of Police, West Godavari District at Eluru. 4. The Deputy Superintendent of Police, Eluru. 5. The Station House Officer, Nidamarru Police Station, West Godavari District. 6. G Gurraiah, The Station House Officer, Nidamarru Police Station, West Godavari District. Dr.VJP,J W.P.No.4306 of 2022 7. The Tahsildar, Nidamarru Mandal, West Godavari District. 8. The Director General, Anti-Corruption Bureau, Andhra Pradesh, Vijayawada. ...Respondents 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 topleased to issue a writ or writs or order or orders one more particularly in the nature of Writ of Mandamus to declare i) the action of the 5th and 6th Respondent in not subjecting the victim in F.I.R No.292 of 2021 to medical examination ii) action of the 7th Respondent in recording the statement of the victim in F.I.R No.292 of 2021 without jurisdiction in order to screen the offender from the offence of rape iii) action of the 2nd to 4th Respondent in not monitoring investigation in sexual offence against minors as illegal, arbitrary and unconstitutional and consequently direct the i) 4th Respondent to monitor investigation in F.I.R No.292 of 2021 on the file of 5th Respondent Police Station ii) 4th Respondent to subject the victim to medical examination and produce before the learned jurisdictional Magistrate for recording her statement iii) 8th Respondent to conduct preliminary enquiry report regarding strategic omissions committed by the 5th and 6th Respondent in the investigation to help the accused and be pleased to pass Counsel for the Petitioner: SATHEESH KUMAR EERLA Counsel for the Respondents: GP FOR HOME Counsel for the Respondents:GP FOR REVENUE Counsel for the Respondents:A GAYATHRI REDDY Standing Counsel for ACB cum Spl. PP Dr.VJP,J W.P.No.4306 of 2022 The Court made the following ORDER: 1. This Writ Petition is filed with the following prayer: “…to issue a writ or writs or order or orders one more particularly in the nature of Writ of Mandamus to declare i) the action of the 5th and 6th Respondent in not subjecting the victim in F.I.R No.292 of 2021 to medical examination ii) action of the 7th Respondent in recording the statement of the victim in F.I.R No.292 of 2021 without jurisdiction in order to screen the offender from the offence of rape iii) action of the 2nd to 4th Respondent in not monitoring investigation in sexual offence against minors as illegal, arbitrary and unconstitutional and consequently direct the i) 4th Respondent to monitor investigation in F.I.R No.292 of 2021 on the file of 5th Respondent Police Station ii) 4th Respondent to subject the victim to medical examination and produce before the learned jurisdictional Magistrate for recording her statement iii) 8th Respondent to conduct preliminary enquiry report regarding strategic omissions committed by the 5th and 6th Respondent in the investigation to help the accused … 2. Heard Sri E.Satheesh Kumar, learned counsel for the petitioner and V.Farooq, learned Assistant Government Pleader for Home for respondents. 3. Learned Assistant Government Pleader would submit that 164 statement of the victim was recorded by the learned Magistrate and medical examination of the victim is also over. 4. Learned Assistant Government Pleader seeks time to get instructions regarding completion of investigation in the matter. Dr.VJP,J W.P.No.4306 of 2022 5. As could be seen from the record, the crime is of the year 2021. In that view, it is apposite to dispose of the writ petition. However, respondent-police are directed to complete the investigation and file a report within a period of two months from the date of receipt of copy of this order, if not filed the report by the police. 6. Accordingly, the writ petition is disposed of. As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed. ________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 21.11.2025 Dvs Dr.VJP,J W.P.No.4306 of 2022 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA 105 WRIT PETITION NO: 4306 OF 2022 Date: 21.11.2025 Dvs