Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 49970 (AP)

GARIKAPATI CHOUDA KUMARI v. THE STATE OF AP

WP/25997/2025 · 2025-09-22

Venkata Jyothirmai Pratapa

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 APHC010493482025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY,THE TWENTY THIRD DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 25997 OF 2025 Between: 1. GARIKAPATI CHOUDA KUMARI, i, W/o. Ramanarao, Age- 60 years, Occ- housewife, R/o. Flat No. 201, Ajantha Apartment, 3rd line, Prakashnagar, Narasaraopet, Painadu District Erstwhile Guntur District ...Petitioner AND 1. THE STATE OF AP, rep.by Its Principal Secretary, Home Department Secretariat, Velagapudi, Amaravathi. 2. The Superintendent of Police, Painadu District, Narasaraopet Erstwhile Guntur District. 3. The Station House Officer, Narasaraopet I Town P.S., Painadu District, erstwhile Guntur District. Sri. Charana, S/o not known, Occ Sub Inspetor of Police, R/o. Narasaraopet I Town P.S., Palanadu District, erstwhile Guntur Distric 4. Sri Charana, S/o not known, Occ- Sub Inspetor of Police, R/o. Narasaraopet I Town P.S., Palanadu District, erstwhile Guntur Distric 5. Ravilisetty Venkata Pavan Bhaskara Rao, S/o Venkata Raman Rao, Aged about 42 years, Occ- software, R/o.H.No.5-12-534, street No.6, High Court Colony, Vanastalipuram, Hyderabad- 500 070, Telangana State. 2 6. Venkata Ramana Rao, S/o not known, Aged about 80 years, Occ- retired employee, R/o.H.No.5-12-534, street No.6, High Court Colony, Vanastalipuram, Hyderabad- 500 070, Telangana State. 7. Jyothi, W/o Bhaskar, Aged about 44 years, Occ Housewife, C/o.H.No.5- 12-534, street No.6, High Court Colony, Vanastalipuram, Hyderabad- 500 070, Telangana State. ...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 pleased to issue a WRIT OF Issue a writ of Mandamus declaring the inaction, tampering of complaint, and failure of the 3rd respondent-SHO, Narasaraopet I Town Police Station, in properly investigating the petitioners report dated 10.03.2025by using his official position, as illegal, irregular, irrational, contrary to criminal procedure and violate of the articles 14, 19, 21 of Constitution of India, and pass such other and further orders as this Honble Court may deem fit and proper in the circumstances of the case. Consequently direct the 2nd respondent-Superintendent of Police to entrust investigation to a fair and independent agency such as CBCiD/Women Protection Cwli to ensure impartial enquiry into offences committed by respondents 5 to 7, and 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 pleased to Direct initiation of disciplinary proceedings against the 3rd respondent-SHO for misconduct and dereliction of duty, pending disposal of the above writ petition, and pass Counsel for the Petitioner: CHAKRAVARTHY P V S K Counsel for the Respondents: GP FOR HOME 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 25997 OF 2025 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “…pleased to issue a WRIT OF Issue a writ of Mandamus declaring the inaction, tampering of complaint, and failure of the 3rd respondent-SHO, Narasaraopet I Town Police Station, in properly investigating the petitioners report dated 10.03.2025by using his official position, as illegal, irregular, irrational, contrary to criminal procedure and violate of the articles 14, 19, 21 of Constitution of India, and pass such other and further orders as this Honble Court may deem fit and proper in the circumstances of the case. Consequently direct the 2nd respondent-Superintendent of Police to entrust investigation to a fair and independent agency such as CBCiD/Women Protection Civil to ensure impartial enquiry into offences committed by respondents 5 to 7, and pass…’ 2. Heard learned counsel for the petitioner and learned Assistant Government Pleader for Home appearing on behalf of the official respondents. 3. Learned counsel for the petitioner would submit that in respect of Crime No.35 of 2025 registered for the offences punishable under Sections 85 and 79 of the Bharatiya Nyaya Sanhita and Sections 3 and 4 of the Dowry Prohibition Act, the investigation is not being conducted in a fair and proper manner. It is contended that the complaint given by the petitioner has been tampered with by the police authorities, and further, the petitioner is being pressurized by the investigating officials to enter into a compromise with the unofficial respondents. Hence, it is prayed that the investigation be entrusted to an independent agency such as the CBCID/Women Protection Cell. 4. On the other hand, learned Assistant Government Pleader for Home, on the basis of written instructions, submits that the investigation in Crime No.35 of 2025 has already been completed, and charge sheet has been filed before the competent Court. It is further submitted that the allegations of tampering of 4 complaint or pressurizing the petitioner to enter into compromise are baseless and unfounded. 5. Having considered the submissions made on either side and on perusal of the material available on record, it is evident that the investigation in Crime No.35 of 2025 has already been completed and a charge sheet has been filed. Once the charge sheet has been filed, it is always open to the petitioner to raise all his contentions before the concerned trial Court in accordance with law. At this stage, no further direction is warranted by this Court for transfer of investigation. 6. Accordingly, this Writ Petition is disposed of. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed. ________________________________________ Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA Date:23.09.2025 KKV 5 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.25997 of 2025 Dt.23.09.2025 KKV 6