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2025 DAILYLAW 46038 (AP)

Bale chiranjeevi, v. The State Of Andhra Pradesh

WP/20227/2024 · 2025-12-02

Venkata Jyothirmai Pratapa

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Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010391752024 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) WEDNESDAY,THE THIRD DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION Between: 1. Bale chiranjeevi,, S/o. Veera swami, Age 43 Years, Male, R/o Gollavani Cheruvu, Palakol Mandal, West Godavari District. 1. The State Of Andhra Pradesh, Rep. by its PRL. Secretary, Home Department, Secretariat, Velgapudi, Guntur district. 2. The District Superindent of Police, West Godavari District at Bhimavaram. 3. The Deputy Superindent of Police, West Godavari District at Narasapuram. 4. The CircleInspector of Police, Palakol Rural Circle police station West Godavari district. 5. The SubInspector of Police, Palakol Rural police station, Palakol, West Godavari district. 6. Kasi Sandeep, S/o Prasad, Age 19 Years, Male, R/o Yallavani Garuvu Palakol Mandal, West Godavari District 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 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY,THE THIRD DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 20227 OF 2024 1. Bale chiranjeevi,, S/o. Veera swami, Age 43 Years, Male, R/o Gollavani Cheruvu, Palakol Mandal, West Godavari District. ...Petitioner AND 1. The State Of Andhra Pradesh, Rep. by its PRL. Secretary, Home iat, Velgapudi, Guntur district. 2. The District Superindent of Police, West Godavari District at Bhimavaram. 3. The Deputy Superindent of Police, West Godavari District at Narasapuram. 4. The CircleInspector of Police, Palakol Rural Circle police station 5. The SubInspector of Police, Palakol Rural police station, Palakol, West 6. Kasi Sandeep, S/o Prasad, Age 19 Years, Male, R/o Yallavani Garuvu Palakol Mandal, West Godavari District ...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 IN THE HIGH COURT OF ANDHRA PRADESH THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA 1. Bale chiranjeevi,, S/o. Veera swami, Age 43 Years, Male, R/o Gollavani ...Petitioner 1. The State Of Andhra Pradesh, Rep. by its PRL. Secretary, Home 2. The District Superindent of Police, West Godavari District at Bhimavaram. 3. The Deputy Superindent of Police, West Godavari District at Narasapuram. 4. The CircleInspector of Police, Palakol Rural Circle police station Palakol, 5. The SubInspector of Police, Palakol Rural police station, Palakol, West 6. Kasi Sandeep, S/o Prasad, Age 19 Years, Male, R/o Yallavani Garuvu ...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 toe may be pleased to issue an appropriate writ, order or direction, more particularly, one in the nature of writ of mandamus- (1) Declaring the action of the Respondent police in not registering the complaint dt.28-04-2024 given in writing with a prayer to rescue the my daughter Usha Kumari who is abducted forcibly by Respondent- 6 and his friends on 28-04-2024 and in not following the procedure under criminal procedure code, 1973 as illegal, arbitrary, violative of Articles 14, 19 and 21 of the Constitution of India and fort such other reliefs and consequently direct the respondent district police officer to forthwith register the FIR (Crime) under sections 154 Cr.P.C and conduct investigation and file final report under section 173 of the criminal procedure code, 1973. (2) Directing the second respondent to initiate disciplinary action under the relevant service law against the respondents No.5 for delinquent of duties and in not following the guidelines laid down by the Honourable supreme court of India in its judgment Lalita Kumari Vs Government of Utter Pradesh 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 may be to direct the Second respondent to forthwith register the FIR (Crime) under sections 154 Cr.P.C and conduct investigation and file final report under sections 173 of the criminal procedure code, 1973 on written complaint dt. 28-04-2024 given by the complainant with a prayer to rescue his daughter who was forcibly kidnapped by the Respondent-6 and his friends on 28-04- 2024, pass Counsel for the Petitioner: KOTHA NAGA SURYA RAO Counsel for the Respondents: GP FOR HOME The Court made the following order: THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 20227 OF 2024 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “…may be pleased to issue an appropriate writ, order or direction, more particularly, one in the nature of writ of mandamus- (1) Declaring the action of the Respondent police in not registering the complaint dt.28-04-2024 given in writing with a prayer to rescue the my daughter Usha Kumari who is abducted forcibly by Respondent- 6 and his friends on 28-04-2024 and in not following the procedure under criminal procedure code, 1973 as illegal, arbitrary, violative of Articles 14, 19 and 21 of the Constitution of India and fort such other reliefs and consequently direct the respondent district police officer to forthwith register the FIR (Crime) under sections 154 Cr.P.C and conduct investigation and file final report under section 173 of the criminal procedure code, 1973. (2) Directing the second respondent to initiate disciplinary action under the relevant service law against the respondents No.5 for delinquent of duties and in not following the guidelines laid down by the Honourable supreme court of India in its judgment Lalita Kumari Vs Government of Utter Pradesh and pass..…” 2. Heard Sri Kotha Naga Surya Rao, learned counsel for the petitioners and Sri V.Farooq, learned Assistant Government Pleader for Home appearing for the official respondents. 3. When the matter was taken up for hearing, learned Assistant Government Pleader for Home, on written instructions, submitted that the 5th respondent has not received any complaint from the petitioner. It is further submitted that after receipt of the Writ Affidavit, the Station House Officer informed that the allegations made therein are false. 4. Recording the above submission made by the learned Assistant Government Pleader for Home, this Writ Petition is disposed of. However, it is made clear that the petitioner is at liberty to work out his remedies before the appropriate forum in accordance with law. 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 KKV HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.20227 of 2024 Dated.03.12.2025 KKV 94 HIGH COURT OF ANDHRA PRADESH:: AMARAVATI MAIN CASE NO.: W.P.No.20227 of 2024 PROCEEDING SHEET Sl. No. Date ORDER OFFICE NOTE 03.12.2025 Dr.VJP,J The Writ Petition is disposed of. (vide separate order) ________ Dr.VJP,J KKV