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2025 DAILYLAW 45885 (AP)

Gurijala Chennamma v. STATE OF ANDHRA PRADESH

WP/19498/2020 · 2025-08-17

Venkata Jyothirmai Pratapa

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Judgment text

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APHC010293472020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY,THE EIGHTEENTH DAY OF AU TWO THOUSAND AND TWENTY FIVE PRESENT PR^APA THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI WRIT PETITION NO: 19498 OF 2020 / Between: Gurijala Chennamma, w/ Late Gurijala Venkataiah, aged about 60 years, House wife, 9-94C. College Road, Markapur-523316, Prakasam Dist. Andhra Pradesh. // ...Petitioner AND 1. State Of Andhra Pradesh, Rep by its Principal Secretary to Government Home Department, Secretariat, Velagapudi, Amaravathi, Gunture Dist. The Superintendent of Police, Ongole, Prakasam dist. Markapur town and Mandal, Markapur, 2. 3. The Station House officer, Prakasam Dist 523316. The Sub Inspector of Police, , Markapur town police station, Markapur, Prakasam dist. Dhammu Thirupathi, s/o Alluraiah, aged about 30 years, R/o Bedusupally village, Komarol Mandalam, Prakasam dist. Dhammu Obulamma, w/o Dhammu Alluraiah, aged about 60 years, r/o Bedusupally village, Komarof Mandal, Prakasam Dist. Smt Venkata Laxmamma, D/6 Dhammu Alluraiah, aged about 40 years, r/o Bedusupally village, Komarole Mandal, Prakasam Dist. 4. 5. 6. 7. ...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 tia issue a Writ, order or directions more in the nature of Writ of Mandamus declaring the action of the official respondents No 1 to 4 as illegal •. i . \n not registjfered the case against Respondent N0.7 and not investigating the Cr NO 717^020, dt 21-6-2020 pending on the file of Police Station, Markapur and favoring to the respondents by not arresting respondents 5 to 7 till date in collusion is illegal, arbitrary malafied and abuse of process of Law and violation of fundamental rights guaranteed under Constitution of India vide Article 14,16 and 21 and consequently direct the official respondents to arrest and proceed with investigation and to complete the same within a period of one month and to take proper action against the respondents 5 to 7 and to pass such other order or orders as are deemed fit and proper in the circumstances of the case and in the interest of justice. \A NO: 1 OF 2020 if 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 direct the official respondents to register the case against 7th respondent and arrest the respondents 5 to 7 and pass such other order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case in the interest of justice. •r Counsel for the Petitioner: P GOVINDA RAJULU Counsel for the Respondent Nos.1 to 4: GP FOR HOME Counsel for the Respondent Nos.5 to 7: NONE APPEARED The Court made the following| / APHC010293472020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] MONDAY,THE EIGHTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 19498/2020 Between: 1.GURIJALA CHENNAMMA, W/ LATE GURIJALA VENKATAIAH, AGED ABOUT 60 YEARS. HOUSE WIFE. 9-94C. MARKAPUR-523316, PRAKASAM DIST. ANDHRA PRADESH. COLLEGE ROAD. ...PETITIONER AND 1.STATE OF ANDHRA PRADESH. REP BY ITS PRINCIPAL SECRETARY TO GOVERNMENT HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTURE DIST. 2.THE SUPERINTENDENT OF POLICE, ONGOLE, PRAKASAM DIST. 3.THE STATION HOUSE OFFICER, , MARKAPUR TOWN AND MANDAL, MARKAPUR, PRAKASAM DIST 523316. 4.THE SUB INSPECTOR OF POLICE STATION, MARKAPUR, PRAKASAM DIST. MARKAPUR TOWN POLICE 5.DHAMMU THIRUPATHI, S/0 ALLURAIAH, AGED ABOUT 30 YEARS, R/0 BEDUSUPALLY VILLAGE. KOMAROL MANDALAM, PRAKASAM DIST. 6.DHAMMU OBULAMMA, W/0 DHAMMU ALLURAIAH, AGED ABOUT 60 YEARS, R/0 BEDUSUPALLY VILLAGE, KOMAROL MANDAL, PRAKASAM DIST. 7.SMT VENKATA LAXMAMMA, D/0 DHAMMU ALLURAIAH, AGED ABOUT 40 YEARS, R/0 BEDUSUPALLY VILLAGE. KOMAROLE MANDAL, PRAKASAM DIST. I I ...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 toissue a Writ, order or directions more in the nature of Writ of Mandamus declaring the action of the official respondents No 1 to 4 as illegal in not registered the case against Respondent NO 7 and not investigating the Cr NO 71/2020, dt 21-6-2020 pending on the file, of Police Station, Markapur and favoring to the respondents by not arresting respondents 5 to 7 till date in collusion is illegal, arbitrary malafied and abuse of violation of fundamental rights guaranteed under Constitution Article 14,16 and 21 and consequently direct the official process of Law and - j of India vide respondents to arrest and proceed with investigation and to complete the same within a period of one month and to take proper action against the respondents 5 to 7 and pass such other order or orders as are deemed fit and proper in the circumstances of the case and in the interest of justice. to lA NO: 1 OF 2Q2Q 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 direct the official respondents to register the case against 7th respondent and arrest the respondents 5 to 7 and pass such other order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case in the interest of justice. lA NO: 2 OF 2020 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 Pleased to implead proposed respondent as 8th respondent in the writ petition and pass Counsel for the Petitioner; 1.P GOVINDA RAJULU Counsel for the Respondent(S): 1.GP FOR HOME The Court made the following: THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 19498 of 2020 ORDER: This Writ Petition is filed under Article 226 of Constitution of india with I the following prayer for: . .pleased to issue a Writ, order or directions more in the nature of Writ of Mandamus declaring the action of the official respondents f Nos. 1 to 4 as illegal in not registered the case against Respondent ( No.7 and not investigating the Cr.No.71/2020, dated 21-6-2020 pending on the file of Police Station, Markapur and favoring to the respondents by not arresting respondent Nos. 5 to 7 till date in collusion is illegal, arbitrary, malafied and abuse of process of Law and violation of fundamental rights guaranteed under Constitution of India vide Article 14,16 and 21 and consequently direct the official respondents to arrest and proceed with investigation and to complete the same within a period of one month and to take proper action against the respondent Nos. 5 to 7 and to pass... ” None represented for the petitioner. When the matter was taken up for hearing, Sri V.Farooq, learned Assistant Government Pleader for Home for the respondents, on receipt of written instructions, would submit that initially a Zero FIR was registered by the Markapur Town Police Station, Prakasam District vide Cr.No.O of 2020, 2. 3. under Sections 498-A, 304-B IPC and under Sections 3 & 4 of the Dowry Prohibition Act and against the petitioner and another accused thereafter, the same was transferred to the Komarole Police Station and numbered as Cr.No.71 of 2020. During the course of the investigation, as no ingredients of Section 304-B IPC are attracting, the offence under Section 304-B deleted. Subsequently, the investigation in the aforesaid crime was completed and Charge Sheet was also filed against the A1 on 16.11.2020. was 4. Recording the same, the Writ petition is disposed of. There order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand shall be no M \ closed. Sd/- T. SRINIVASA RAO assistant registrar //true COPY// SECTION OFFICER To, Home Department to Government Principal Secretary Secretariat, Velagapudi. 2. The Superintendent of 3. The Station House l Prakasam Dist 523316. 1. The i Amaravathi, Guntur Dist. Police, Ongole, Prakasam dist. and Mandal, Markapur, officer, Markapur town town police station of Police, Markapur 4. The Sub Inspector Markapur, Prakasam dist.. Govinda Rajulu, Advocate [OPUC] of Andhra Pradesh [OUT] 5. One CC to Sri. P 6. TwoCCsto 7. Two CD Copies. GP For Home, High Court AL \ \ HIGH COURT '\ DATED: 18/08/2025 \ \ ORDER WP NO. 19498 OF 2020 I PISPOSING OF THE W.P. WITHOUT COSTS