APHC010637772022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] MONDAY,THE SIXTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION No. 38109/2022 Between: 1. ANDE SWARNALATHA, W/O.VISWANADHAM, AGED 42 YEARS, R/O.DOOR No.9-348, NEAR PADMASHALI KALYANA MANDAPAM, OLD MANGALAGIRI, GUNTUR DISTRICT, ANDHRA PRADESH ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY (HOME DEPARTMENT), SECRETARIAT BUILDINGS AT VELAGAPUDI, GUNTUR DISTRICT, ANDHRA PRADESH. 2. THE DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, MANGALAGIRI, GUNTUR DISTRICT, ANDHRA PRADESH. 3. THE INSPECTOR GENERAL OF POLICE, GUNTUR RANGE, GUNTUR, ANDHRA PRADESH. 4. THE SUPERINTENDENT OF POLICE, GUNTUR URBAN, GUNTUR DISTRICT, ANDHRA PRADESH, 5. THE DEPUTY SUPERINTENDENT OF POLICE, NORTH ZONE, GUNTUR, GUNTUR DISTRICT, ANDHRA PRADESH. 6. THE INSPECTOR OF POLICE, MANGALAGIRI TOWN POLICE STATION, MANGALAGIRI, GUNTUR DISTRICT, ANDHRA PRADESH. 7. THE SUBINSPECTOR OF POLICE, MANGALAGIRI TOWN POLICE STATION, MANGALAGIRI, GUNTUR DISTRICT, ANDHRA PRADESH. 8. MR ANKAMA RAO, S/O.NOT KNOWN TO THE PETITIONER, AGED MAJOR, OCC- INSPECTOR OF POLICE, MANGALAGIRI TOWN POLICE STATION, MANGALAGIRI, GUNTUR DISTRICT, ANDHRA PRADESH. 9. E NARAYANA, S/O. NOT KNOWN TO THE PETITIONER, AGED MAJOR, OCC- SUB-INSPECTOR OF POLICE, MANGALAGIRI 2 TOWN POLICE STATION, MANGALAGIRI, GUNTUR DISTRICT, ANDHRA PRADESH. ...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 a Writ or Order or Direction more particularly one in the nature of Writ of Mandamus declaring the inaction of the respondent no. 2 to 5 in not considering the representation of the petitioner dated 17.10.2022 against the respondents no.8 and 9 of Mangalagiri Police Station in confining the husband of the petitioner in the police station and also taking forcible custody of the Gold ornaments of the petitioner by the 7th respondent and his subordinates as well as in threatening the husband of the petitioner with dire consequences as illegal, arbitrary and also abuse of power of police and consequentially direct the respondents 2 to 5 herein to take stringent action against the respondents 8 and 9 herein for their illegal acts and to consider the representation of the petitioner dated 17.10.2022 under acknowledgment by directing the 8th and 9th respondents to return the Gold Ornaments weighting 189 grams and pass Counsel for the Petitioner: 1. V SAI KUMAR Counsel for the Respondent(S): 1. GP FOR HOME 3 The Court made the following: ORDER: The instant Writ Petition is filed by the Petitioner seeking indulgence of this Court under Article 226 of the Constitution of India for the following relief: “.... to issue a Writ or Order or Direction more particularly one in the nature of Writ of Mandamus declaring the inaction of the respondent no. 2 to 5 in not considering the representation of the petitioner dated 17.10.2022 against the respondents no.8 and 9 of Mangalagiri Police Station in confining the husband of the petitioner in the police station and also taking forcible custody of the Gold ornaments of the petitioner by the 7th respondent and his subordinates as well as in threatening the husband of the petitioner with dire consequences as illegal, arbitrary and also abuse of power of police and consequentially direct the respondents 2 to 5 herein to take stringent action against the respondents 8 and 9 herein for their illegal acts and to consider the representation of the petitioner dated 17.10.2022 under acknowledgment by directing the 8th and 9th respondents to return the Gold Ornaments weighting 189 grams and pass ...” Heard learned counsel for the Petitioner and learned Government Pleader for Home appearing for respondent State. Perused the material on record. Learned counsel for the Petitioner would submit that respondent No.7 along with his staff, came to the house of the Petitioner and taken away her gold ornaments, which belongs to her mother-in-law from the locker and threatened her husband with dire consequences. Further, respondents 8 and 9 confined the Petitioner’s husband in the Police Station. Learned counsel sought for a direction to respondent authorities to consider the Petitioner’s representation 17.10.2022 and pass appropriate orders. Learned Assistant Government Pleader for Home on Instructions, would submit that Petitioner’s husband was shown as A.4 in Crime No.302 of 2022 of 4 Mangalagiri Town Police Station, Guntur District and that respondent No.9 secured the presence of petitioner’s husband (A.4) , recorded his statement and seized the property under the cover of Panchanama. Considering the submissions made, since the allegations made against the police officials are that the gold ornaments of the petitioner were taken away by the Police forcibly and when her husband tried to take a video, Police restricted him, it is apposite to direct respondent authorities to look into the Petitioner’s representation dated 17.10.2022 and take appropriate steps regarding the allegations made against respondents 8 and 9 according to law, if not finalised so far. Accordingly, this Writ Petition is disposed of. No order as to costs. Pending applications, if any, shall stand closed. DR.JUSTICE VENKATA JYOTHIRMAI PRATAPA Mjl/* 5 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA Writ Petition No. 38109 of 2022 06.10.2025 Mjl /*