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2025 DAILYLAW 50013 (AP)

KOONISETTY SRILAKSHMI NARAPAREDDY SRILAKSHMI v. THE STATE OF ANDHRA PRADESH

WP/24665/2025 · 2025-09-11

Venkata Jyothirmai Pratapa

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010471202025 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) FRIDAY,THE TWELFTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION Between: 1. KOONISETTY SRILAKSHMI NARAPAREDDY SRILAKSHMI, W/o. Madhusudhana Rao.Aged about 34 years, R/o. D.No. 2 Street, Pittapuram, Kakinada, East Godavari District. 1. THE STATE OF ANDHRA PRADESH, Rep. Home), State Secretariat Buildings, Velagapudi Guntur District, A.P. 2. The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of AP, Amaravathi. 3. The Station House Officer, Alipiri Police Station, Tirupati, 4. The District Manager, Sakthi Sadan,NTR CSD and EW, 0pp. Mango Market,Tiruchanur Panchayath, Tirupati, Tirupati 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 pleased topleased to issue a writ order or direction more particularly one in the nature of writ of mandamus by setting aside the orders passed by the IV Additional Judicial Magistrate of First Class, Tirupati dated 10.07.2025 and IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY,THE TWELFTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 24665 OF 2025 1. KOONISETTY SRILAKSHMI NARAPAREDDY SRILAKSHMI, W/o. Madhusudhana Rao.Aged about 34 years, R/o. D.No. 2-12, Ramalayam Street, Pittapuram, Kakinada, East Godavari District. ...Petitioner AND 1. THE STATE OF ANDHRA PRADESH, Rep.by its Principal Secretary( Home), State Secretariat Buildings, Velagapudi Guntur District, A.P. 2. The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of 3. The Station House Officer, Alipiri Police Station, Tirupati, Tirupati District. 4. The District Manager, Sakthi Sadan,NTR CSD and EW, 0pp. Mango Market,Tiruchanur Panchayath, Tirupati, Tirupati 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 pleased topleased to issue a writ order or direction more particularly one in ndamus by setting aside the orders passed by the IV Additional Judicial Magistrate of First Class, Tirupati dated 10.07.2025 and IN THE HIGH COURT OF ANDHRA PRADESH THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA 1. KOONISETTY SRILAKSHMI NARAPAREDDY SRILAKSHMI, W/o. 12, Ramalayam ...Petitioner by its Principal Secretary( Home), State Secretariat Buildings, Velagapudi Guntur District, A.P. 2. The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of Tirupati District. 4. The District Manager, Sakthi Sadan,NTR CSD and EW, 0pp. Mango ...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 topleased to issue a writ order or direction more particularly one in ndamus by setting aside the orders passed by the IV Additional Judicial Magistrate of First Class, Tirupati dated 10.07.2025 and also pass order with a direction to the respondent No.3 to release us from the Protection Home/ Mahila Pranganam, Tirupati, i.e. the Respondent No.3/The District Manager, NTR CSD and EW ,Tirupathi 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 may to direct the 3rd respondent to to release the petitioner from home and pass Counsel for the Petitioner: SINGARAJU MAHASWETHA VARMA Counsel for the Respondents: GP FOR HOME The Court made the following order: THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 24665 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 order or direction more particularly one in the nature of writ of mandamus by setting aside the orders passed by the IV Additional Judicial Magistrate of First Class, Tirupati dated 10.07.2025 and also pass order with a direction to the respondent No.3 to release us from the Protection Home/ Mahila Pranganam, Tirupati, i.e. the Respondent No.3/The District Manager, NTR CSD and EW ,Tirupathi and pass…” 02. Heard S.Mahaswetha Varma, learned counsel for the petitioner and learned Sri V.Farooq, learned Assistant Government Pleader for Home appearing for the respondents. 03. Learned counsel for the petitioner submitted that an application was filed before the learned IV Additional Judicial Magistrate of First Class, Tirupati, seeking release of the victims from the Protection Home. However, the said petition was returned with an office endorsement questioning how the Court had jurisdiction to entertain such an application. Learned counsel fairly submits that the petition was not re-presented and that the petitioners now only request that the matter be called before the learned Magistrate so that an appropriate decision may be taken on the judicial side in accordance with law. 04. Learned Assistant Government Pleader for Home submitted that this Court may pass appropriate orders. 05. Having regard to the submissions made by both the learned counsel, that the petition filed before the learned Magistrate was not re-presented for consideration on the judicial side, this Court is of the considered view that the petitioners may be permitted to re-present the same before the concerned Court. It is for the learned Magistrate to consider the request of the petitioners on its merits and pass appropriate orders strictly in accordance with law and the governing rules. 06. Accordingly, this Writ Petition is disposed of, granting liberty to the petitioners to re-present their petition before the learned IV Additional Judicial Magistrate of First Class, Tirupati. On such re-presentation, the learned Magistrate shall consider the same on the judicial side and take a decision in accordance with law. There shall be no order as to costs. As a sequel, miscellaneous petitions, if any pending, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 12.09.2025 KKV 537 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 24665 OF 2025 12.09.2025 KKV