APHC010853302018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3368] WEDNESDAY, THE TWENTY FOURTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI WRIT PETITION NO: 41417/2018 Between: 1. RALLAPALLI VENKATA LAXMANA SWAMY, S/O. LATE SATYANARAYANA, AGED 69 YEARS, OCC. DOCTOR, R/O. D.NO.6-9, JAVVARPETA, MACHILIPATNAM, KRISHNA DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY -HOME, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, KRISHNA DISTRICT AT MACHILIPATNAM. 3. THE STATION HOUSE OFFICER, INAGUDURU POLICE STATION, MACHILIPATNAM, KRISHNA DISTRICT. 4. THE DISTRICT MEDICAL AND HEALTH OFFICER, KRISHNA DISTRICT. 5. D DURGA MAHESWARA RAO, S/O.SRI SATYANARAYANA, AGED MAJOR, OCC. SUB-INSPECTOR OF POLICE, KUCHIPUDI POLICE STATION, KRISHNA DISTRICT. ...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 of Mandamus, or any other appropriate writ, order or direction, declaring the action of the respondents in falsely implicating the petitioner in S.C.No.105 of 2017 and C.C.No.1 of 2017 on the file of X Addl. District and Sessions Judge, Machilipatnam, Krishna as illegal, arbitrary and in violation of Article 21 of Constitution of India and further direct the respondents to pay compensation of Rs.50 lakhs to the petitioner for malicious prosecution and pass 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 grant interim direction directing the respondents to deposit Rs.50 Lakhs compensation before the Honorable X Addl. District and Sessions Judge, Machilipatnam Krishna District, pending disposal of the above writ petition and pass Counsel for the Petitioner: 1. V SESHA KUMARI Counsel for the Respondent(S): 1. GP FOR HOME (AP) 2. GP FOR REVENUE (AP) 3. G TUHIN KUMAR 4. GP FOR MEDICAL HEALTH FW(AP) The Court made the following: 3 THE HONOURABLE SRI JUSTICE B.V.L.N.CHAKRAVARTHI WRIT PETITION No.41417 OF 2018 ORDER: This Writ Petition is filed under Article 226 of the Constitution of India for the following relief: “….to issue a Writ of Mandamus, or any other appropriate writ, order or direction, declaring the action of the respondents in falsely implicating the petitioner in S.C.No.105 of 2017 and C.C.No.1 of 2017 on the file of X Addl. District and Sessions Judge, Machilipatnam, Krishna as illegal, arbitrary and in violation of Article 21 of Constitution of India and further direct the respondents to pay compensation of Rs.50 lakhs to the petitioner for malicious prosecution and pass…” 2. Heard learned counsel representing Smt.V.Sesha Kumari, learned counsel for the petitioner and Sri R.Mallikarjuna Rao, learned Assistant Government Pleader for Home. 3. The writ petition is filed alleging that the respondents falsely implicated the petitioner in S.C.No.105 of 2017 and C.C.No.01 of 2017 mentioned in the writ petition. As on the day, the cases referred above were disposed of by the Trial Court. 4. Learned Assistant Government Pleader for Home would contend that there was no malafide on the part of the police officials. They investigated the case in accordance with law, and laid the charge sheet before the concerned Courts. Thereafter, learned Trial Court conducted proceedings, and disposed of the cases on merits. If the writ petitioner is aggrieved by the action of the respondents on the ground of malicious prosecution, he has to approach proper forum for malicious prosecution, as question of fact cannot be decided under Article 226 of Constitution of India. 4 5. It is an admitted fact that the writ petitioner was arraigned as accused in the above cases. After completion of investigation, police laid charge sheets before the concerned Court. Thereafter, trial was conducted in the cases, and on merits the concerned Courts acquitted the accused in the cases. In that view of the matter, as rightly contended by the learned Assistant Government Pleader, if the accused are aggrieved that they were falsely implicated in the case, the remedy available to the accused is to file a suit for malicious prosecution claiming damages. The proper forum will decide the questions relating to malicious prosecution by recording the evidence. Under Article 226 of Constitution of India, such questions cannot be decided, as they require recording of evidence. 6. In that view of the matter, the writ petition is disposed of giving liberty to the petitioner to approach proper forum for necessary redressal in accordance with law, if he is aggrieved by the action of the police on the ground of malicious prosecution. 7. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel thereto, interlocutory applications, if any, pending in this Writ Petition shall stand closed. ______________________________ JUSTICE B.V.L.N. CHAKRAVARTHI 24.12.2025 Pmk 5 08 THE HONOURABLE SRI JUSTICE B.V.L.N. CHAKRAVARTHI WRIT PETITION No:41417 OF 2018 Date: 24.12.2025 Pmk