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2025 DAILYLAW 49195 (AP)

THUMMA OMKAR v. THE STATE OF AP

WP/28581/2025 · 2025-10-16

Venkata Jyothirmai Pratapa

Public Interest Litigationbody2025

Judgment text

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APHC010548462025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] FRIDAY, THE SEVENTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 28581/2025 Between: 1. THUMMA OMKAR, S/0- NARASIMHA RAO, AGED ABOUT 38 YEARS OCCUPATION- ADVOCATE. ADDRESS-22-13-47, AMBEDKAR COLONY, AUTO NAGAR, TIRUPATHI (URBAN) ...PETITIONER AND 1. THE STATE OF AP, REP BY THE PRINCIPAL SECRETARY DEPT OF HOME AFFAIRS SECRETARIAT BUILDINGS VELAGAPUDI AMARAVATI GUNTUR DISTRICT 2. THE DIRECTOR GENERAL OF POLICE, ANDHRA PRADESH POLICE DEPARTMENT, POLICE HEADQUARTERS, MANGALAGIRI, GUNTUR DISTRICT 3. THE SUPERINTENDENT OF POLICE, TIRUPATI DISTRICT, TIRUPATI, ANDHRA PRADESH. 4. THE STATION HOUSE OFFICER, ALIPIRI POLICE STATION, TIRUPATI, ANDHRA PRADESH ...RESPONDENT(S): Counsel for the Petitioner: 1. JITHENDRA P Counsel for the Respondent(S): 2 1. GP FOR HOME 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 28581 of 2025 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: <…to issue an appropriate Writ, Order or Direction more particularly one in the nature of Writ of MANDAMUS declaring the action of the respondents No. 2 in not considering the representation dated 09-10-2025 to preserve the CC camera footage in relation to the Crime No. 350 of 2025 on the file of Alipiri Police Station, Tirupathi, on 21-09-2025 between 6-00 AM and 12-00 PM from two CCTV cameras installed by the Government located in front of Sri Kapila Theertham temple, Tirupati is arbitrary, illegal and violative of Fundamental rights guaranteed under Article. 14,19,21,300-A of the Constitution of India and consequently direct the respondents 2 to 4 to consider the representation dated 09-10-2025 and to preserve the CC camera footage in relation to the Crime No. 350 of 2025 on the file of Alipiri Police Station Tirupathi, on 21-09-2025 between 6- 00 AM and 12-00 PM from two CCTV cameras installed by the Government located in front of Sri Kapila Theertham temple, Tirupati, and to pass..…= 2. Heard Sri P. Jithendra, learned counsel for the petitioner and Sri V.Farooq, learned Assistant Government Pleader for Home for the respondnets. 3. Learned counsel for the petitioner would submit that the petitioner was shows as accused in Crime No. 350 of 2025 on the file of Alipiri Police Station, Tirupathi for the offences punishable under Sections 196(1)(b), 197(2), 299, 352, 353 (2), 353(3) of BNS. Learned counsel for the petitioner would further submit that the petitioner has submitted representations dated 22.09.2025 and 4 09.10.2025 to preserve the CC camera footage relating to the Crime No.350 of 2025 on the file of Alipiri Police Station on 21.09.2025 between 6:00 AM and 12:00 PM from two CCTV cameras installed by the Government located in front of Sri Kapila Theertham temple, Tirupati. 4. Learned Assistant Government Pleader for Home, on written instructions, would submit that as per the Orders of the High Court of Andhra Pradesh, the petitioner was not arrested by the Alipiri police and issued notice under Section 35(3) of BNSS on 26.09.2025. Learned Assistant Government Pleader for Home would further submit that CC TV footage is available and the police are preserving the same. 5. Considering the submissions made, this Writ Petition is disposed of, directing the respondents to preserve the C.C.T.V. footage relating to the Crime No.350 of 2025 on the file of Alipiri Police Station on 21.09.2025 between 6:00 AM and 12:00 PM from two CCTV cameras installed by the Government located in front of Sri Kapila Theertham temple, Tirupati, as requested in the representations of the petitioner dated 22.09.2025 and 09.10.2025. 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: 17.10.2025. UPS 5 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.28581 of 2025 Dated.17.10.2025 UPS 94