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2025 DAILYLAW 45801 (AP)

PUJARI SUKANYA v. The State of Andhra Pradesh

WP/23499/2025 · 2025-09-08

Venkata Jyothirmai Pratapa

body2025

Judgment text

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APHC010454762025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY,THE NINTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 23499 OF 2025 Between: 1. PUJARI SUKANYA, W/o. Late PujariSreenivasulu aged about 38 years, Occ Worker, R/o. ChinnaTinnakkaNilayam, YerranelaVeedhi,Kalyandurgam, Ananthapur District,Andhra Pradesh. ...Petitioner AND 1. The State of Andhra Pradesh, Rep.by its Principal Secretary Home Department, Secretariat, Velagapudi, Amaravathi, Guntur District, Andhra Pradesh. 2. The Director General of Police, Andhra Pradesh, Mangalgiri, Guntur District, Andhra Pradesh. 3. The Superintendent of Police, Ananthapur District, Andhra Pradesh.. 4. The Station House Officer, Kalyanadurgam, Ananthapur District, Andhra Pradesh. 5. P Krishna Murthy, aged about 65 years, Occ Retire employee, R/o. 2-827, YerranelaVeedhi, Kalyandurgam, Ananthapur District, Andhra Pradesh. 6. P Siva Kumar, S/o.P.Krishna Murthy, aged about 42 years, R/o. 2-827, YerranelaVeedhi, Kalyandurgam, Ananthapur District, Andhra Pradesh.. ...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 to may be pleased to issue a Writ Order or Direction more particularly in the nature of Writ of Mandamus declaring the action of the Respondent No. 4 in not registering case pursuant to the Petitioner complaint dated 12-05-2025, against the respondents 5 and 6 Under Section 498 (A) I.P.C., and Section 117, 130 of BNS, 2023 is illegal, arbitrary, and in violation or Article 19 and 21 of the Constitution of India and further direct the Respondents 1 to 4 to give protection to petitioners from Respondents No.5 and 6, and pass such 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 may be pleased to direct the Respondent No.4 to enquire and register a case against the Respondents No.5 & 6, pursuant to petitioner compliant daged 12-05-2025, pending disposal of the above Writ Petition and pass such Counsel for the Petitioner: CH NAGA MEHAR BABA Counsel for the Respondents: GP FOR HOME The Court made the following order: THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 23499 OF 2025 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “…may be pleased to issue a Writ Order or Direction more particularly in the nature of Writ of Mandamus declaring the action of the Respondent No. 4 in not registering case pursuant to the Petitioner complaint dated 12- 05-2025, against the respondents 5 and 6 Under Section 498 (A) I.P.C., and Section 117, 130 of BNS, 2023 is illegal, arbitrary, and in violation or Article 19 and 21 of the Constitution of India and further direct the Respondents 1 to 4 to give protection to petitioners from Respondents No.5 and 6, and pass such...” 02. Heard Sri Ch.N.Mehar Baba, learned Counsel for the petitioner and Sri V.Farooq, learned Assistant Government Pleader for Home for the respondents. 03. On instructions, the learned Assistant Government Pleader submits that the complaint lodged by the petitioner does not disclose any cognizable offence and hence no crime has been registered. 04. Learned Counsel for the petitioner would submit that recording the same, the petition may be disposed of, giving liberty to the petitioner to pursue the matter before appropriate forum. 05. In view thereof, the Writ Petition is disposed of leaving it open to the petitioner to work out her remedies before the competent forum in accordance with law. No order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed. ________________________________________ Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA Date:09.09.2025 KKV HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA 533 W.P.No.23499 of 2025 Dt.09.09.2025 KKV