APHC010323162024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] WEDNESDAY, THE THIRD DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 16406/2024 Between: 1. SMT. KONETI SRI MOUNIKA,, W/O. K.V.V.S.N. VIJAYA KISHORE, AGED ABOUT 27 YEARS, OCC BOUTIQUE, R/O. H. NO. 11-2-1, ROW HOUSE NO. 6, SEA SHELLS ENCLAVE, VISAKHAPATNAM- 530003, VISAKHAPATNAMDISTRICT, A.P. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF HOME, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT, A.P. 2. THE DIRECTOR GENERAL OF POLICE, GOVERNMENT OF ANDHRA PRADESH, POLICE HEAD QUARTERS, MANGALAGIRI- 522503, GUNTUR DISTRICT, A.P. 3. THE COMMISSIONER OF POLICE, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT, A.P. 4. SRI A RAVI SANKAR AYYANAR, PREVIOUSLY WORKED AS COMMISSIONER OF POLICE, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT, A.P. PRESENTLY WORKING AS CID CHIEF, ADDL. D.G.P., POLICE HEAD QUARTERS, MANGALAGIRI- 522503, GUNTUR DISTRICT, A.P. 5. SRI JAYARAM PRASAD, THE ASSISTANT COMMISSIONER OF POLICE, EAST ZONE, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT, A.P. 2 6. SRI PARDHASARADHI, THE STATION HOUSE OFFICER, III TOWN POLICE STATION, VISAKHAPATNAM DISTRICT, A.P. 7. SRI VADAPALLI SRINIVAS, S/O. LATE V. SYAMALA RAO, AGED ABOUT 54 YEARS, OCC BUSINESS, R/O. H. NO. 11-2-1, ROW HOUSE NO. 6, SEA SHELLS ENCLAVE, VISAKHAPATNAM-530003, VISAKHAPATNAM DISTRICT, A.P. PRESENTLY RESIDING AT FLAT NO. 204, AL REFA BUILDING, COMMUNITY 19, STREET 316, DUBAI 8. SMT VADAPALLI RATNA KUMARI, W/O. VADAPALLI SRINIVAS, AGED ABOUT 49 YEARS, OCC HOUSE-WIFE, R/O. H. NO. 11-2-1, ROW HOUSE NO. 6, SEA SHELLS ENCLAVE, VISAKHAPATNAM- 530003, VISAKHAPATNAM DISTRICT, A.P. PRESENTLY RESIDING AT FLAT NO. 204, AL REFA BUILDING, COMMUNITY 19, STREET 316, DUBAI. 9. SRI VEMAVARAPU RAMA DHARMAJA PEDABABU, S/O. NOT KNOWN TO THE PETITIONER, AGED ABOUT 45 YEARS, R/O. DOOR NO. 7-121/1, NAVARRA STREET, V. MADUGULA VILLAGE, V. MADUGULA MANDAL, VISAKHAPATNAM-531027, VISAKHAPATNAM DISTRICT, A.P. 10. SRI JEERI SRINIVASA REDDY, S/O. LATE RAJULA REDDY, R/O. D. NO. 4-69-28/1, LAWSOS BAY COLONY, VISAKHAPATNAM- 531017, VISAKHAPATNAM DISTRICT, A.P. 11. KANGU SUBHA LAKSHMI CHINNI, D/O. KANGU RAJULU, R/O. SERI BAYALU VILLAGE, KINDING POST, PADERU MANDAL, ALLURI SEETHA RAMA RAJU DISTRICT, A.P. ...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 to issue an order or orders, direction or writ, more particularly one in the nature of Writ of Mandamus, declaring the inaction of the Respondent Police on the Petitioner's Complaints, dt. 01.03.2024, 06.06.2024, 07.06.2024 and 21.06.2024, on the file of the III Town Police Station, Visakhapatnam and other Police Officials against the 7th to 11th Un-Official Respondents and their henchmen for taking action and to register the case against them and to recover all my valuable goods, 4 Kgs., of Gold Ornaments and 10 Kgs., Silver Articles etc., from the Un-Official Respondents, as illegal, arbitrary, biased, 3 un-constitutional against the principles of natural justice, and consequently direct the 2nd Respondent i.e., the Director General of Police, Government of Andhra Pradesh, Mangalagiri to take action against the 4th, 5th and 6th Respondent Police for negligence of their duties and to conduct the departmental enquiry against them, and to 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 to appoint an Advocate Commissioner for enquiry of full details regarding the theft and robbery of my valuable goods, 4 Kgs., of Gold Ornaments and 10 Kgs., Silver Articles etc., in the House bearing No. 11-2-1, Row House No. 6, Sea Shells Enclave, Siripuram, Visakhapatnam-53 0003, Visakhapatnam District, A.P., and also to direct the Advocate Commissioner to conduct and enquire the illegal occupation of the above said House by the Un-Official Respondents and theft details along with bills and other documentary and video evidences etc., pending disposal of the above writ petition and to pass IA NO: 2 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 to direct the Respondent Police to take action and register the case against the 7th to 11th Un-Official Respondents and to take position of the above said House and handover the House, to the Petitioner, in respect of the House bearing No. 11-2-1, Row House No. 6, Sea Shells Enclave, Siripuram, Visakhapatnam-530003, Visakhapatnam District, A.P., and to recover the Petitioner’s valuable goods, 4 Kgs., of Gold Ornaments and 10 Kgs., Silver Articles etc., from the Un-Official Respondents, particularly direct the Respondent Police to seize the Passports of the 7th and 8th Un-Official Respondents, who are trying to escape from India to Dubai, pending disposal of the above writ petition and to pass 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 receive the Counter affidavit copies on record by allowing the leave petition in the writ petition in the interest of justice and to pass Counsel for the Petitioner: 4 1. M KISHORE BABU Counsel for the Respondent(S): 1. GP FOR HOME 5 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 16406 of 2024 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer: <…to issue an order or orders, direction or writ, more particularly one in the nature of Writ of Mandamus, declaring the inaction of the Respondent Police on the Petitioner's Complaints, dt. 01.03.2024, 06.06.2024, 07.06.2024 and 21.06.2024, on the file of the III Town Police Station, Visakhapatnam and other Police Officials against the 7th to 11th Un-Official Respondents and their henchmen for taking action and to register the case against them and to recover all my valuable goods, 4 Kgs., of Gold Ornaments and 10 Kgs., Silver Articles etc., from the Un-Official Respondents, as illegal, arbitrary, biased, un-constitutional against the principles of natural justice, and consequently direct the 2nd Respondent i.e., the Director General of Police, Government of Andhra Pradesh, Mangalagiri to take action against the 4th, 5th and 6th Respondent Police for negligence of their duties and to conduct the departmental enquiry against them, and to pass.…= 2. Heard Sri M.Kishore Babu, learned counsel for the petitioner and Sri V.Farook, learned Assistant Government Pleader for Home for the official respondents. 3. Learned Assistant Government Pleader for Home, by way of counter, would submit that a crime has been registered on the complaint of the petitioner in Cr.No.202 of 2024 under Sections 448, 323, 427, 509, 379 & 506 r/w 34 of IPC and Sections 3(1)(r), 3(1)(s) & 3(2)(va) of SC’s and ST’s (POA) Act of III Town Police Station. The investigation is entrusted to the respondent 6 No.5 and investigation is pending for finding if valuables were lost in this case. He would further submit that a civil suit in O.S.No.532 of 2024 is pending on the file of I Additional Junior Civil Judge Court, Visakhapatnam between the petitioner and the respondent No.8 regarding house property. 4. In the light of the submissions made, this Writ Petition is disposed of. However, the Commissioner of Police, Visakhapatnam is directed to monitor the investigation which is done by the respondent No.5 and finalize the case and make efforts to realise the property which is lost in the incident as expeditiously as possible. 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. UPS 7 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.16406 of 2024 Dated.03.12.2025 UPS 333