APHC010041302024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY,THE NINETEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT the honourable dr justice VENKATA WRIT PETITION NO: 2435 DF onoA BBS B ro A I fr. i.. % y JYOTHIRMAI PRATAPA Between: 1- Ch. Gangayya, S/o. Appayaa(late), 2. N. Simhachalam, S/o. Sangamesu, 3. N. Ramulamma, W/o. Sangamesu 4. C. Sridhevi, W/o. Appadu, aged 40 5. C. Simhalamma, W/o. Gangayya 6. B. Kasulu, W/o. Sundarrao, (All are for the services etc. 48 years, R/o. SC Veedhi 532461) aged 48 years, aged 32 years. , aged 50 years, years. - aged 45 years. aged 48 years. , Ch. Gangayya, S/o. Appayaa{late), aged , Laxmipeta, Kottisa, Srikakulam District- ...PETITIONERS AND 1. The state of Andhra Pradesh, Rep. by its Principal Secretary, Home (Courts-A) Department, Secretariat Buildings, Vealagapudi Amaravathi Guntur District. 2. The Commissioner of Social Welfare, I 3. The District Collector, Vizianagaram District, 4. The Director of Prosecution Government of Andhra Pradesh. Government of Andhra Pradesh, -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 issue a writ, order or direction more particularly one in the nature of Writ of Mandamus, declaring the impugned action of 1 issuing impugned G.O.Rt.No.1214 Home (Courts.A) Department 27.10.2023, entrusting the prosecution in S.C.No.1 of 2014 and S.C.No.1 of respondent in dt 2021, on the file of the Court of V Additional District and Sessions Judge Court at Laxmipeta Special Court, Srikakulam, to the Public Prosecutor, Principal District and Session Judge Court, Srikakulam, as Special Public Prosecutor to conduct prosecution on behalf of the state, without considering the proposal addressed by the appointing the Advocate chosen by victims/petitioners herein as evident in Memo No.2119140/ 3'"^ respondent competent authority for Courts.A/A1/2023, dt 22.06.2023, as highly illegal, arbitrary, violative of Article 14 of the Constitution of India, apart from contrary to the provisions of SC, ST (Prevention of Atrocities) Act, 1989 and Rules made there under. consequently direct the respondents particularly respondents 1 and 3, to appoint Sri. Navaz Husain Akbar Advocate as choice of petitioners for conducting prosecution in S.C.No.1 of 2014 and S.C.No.1 of 2021, in the Court of V Additional District and Sessions Judge Court at Laxmipeta Special Court, Srikakulam. lA 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 grant interim suspension of the impugned G.O.Rt.No.1214 Home Department, dt 27.10.2023, with consequential direction particularly respondents 1 and 3, to appoint Sri. Advocate as choice of petitioners for conducting prosecution in S.C.No.1 of 2014 and S.C.No.1 of 2021, in the Court of V Additional District and Sessions Judge Court at Laxmipeta Special Court, Srikakulam, Pending disposal present Writ Petition. (Courts,A) to the respondents Navaz Husain Akbar, of the Counsel for the Petitioners: Counsel for the Respondent Nos. SRI G. V. SHIVAJI 1 & 4: GP FOR HOME Counsel for the Respondent No.2;GP FOR SOCIAL WELFARE Counsel for the Respondent No.3:GP FOR REVENUE The Court made the following order: APHC010041302024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE NINETEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE DR.JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION No. 2435/2024 [3396] THE 1.CH. GANGAYYA, S/0. APPAYAA(LATE), YpA^' 2.N. SIMHACHALAM, S/0. SANGAMESU, ^GED 32 YEARS. 3.N. RAMULAMMA, W/0. SANGAMESU, AGED 50 YEARS. 4.C. SRIDHEVI, W/0. APPADU, AGED ^0 YEARS. 5.C. SIMHALAMMA, W/0. GANGAYYA, AGED ^5 YEARS. 6 B KASULU W/0. SUNDARRAO, AGED 48 YEARS. THE SERvicES ETC CH. GANGAYYA, S/0. APPAYAA(LATE), aged 48"" years. R/O. sc VEEDHl, LAXMIPETA. KOTTISA, SRIKAKULAM DISTRICT-532461) ...PETITIONER{S) AND 1 THE STATE OF ANDHRA PRADESH, REP. BY ITS SECRETARY HOME (COURTS A) DEPARTMENT, SECRETARIAT BUILDINGS VEALAGAPUDI AMARAVATHI, GUNTUR DISTRICT^ 2.?hL SlsilONER OF SOCIAL WELFARE, GOVERNMENT OF ANDHRA^PRA^ESHlectoj^ vizianagaram district, PROSECUTION, GOVERNMENT OF ANDHRA 3.THE 4.THE DIRECTOR OF PRADESH. ...RESPONDENT(S): Counsel for the Petitioner(S): 1.G VSHIVAJI Counsel for the Respondent(S). 1.GP FOR HOME (AP) 2.GP FOR REVENUE (AP) 3.GP FOR SOCIAL WELFARE (AP) The Court made the following; 2 ORDE^ This Writ Petition the following prayer for; 9 H47f of Mandamus declarinn ih prosecution in S.C.No 1 ’of 2014 aL entrusting the ^ourt at Laxmipeta Special Cnnri o , , Sessions Judae Prosecuto, Public srikakulam. as Special nr Judge Court prosecution on behaff nf ,u Prosecutor to corfdnM proposal addressed by the 3rd resn^' oonsidering the for appointing the /d.ocate 22 06 300^"'’"^'^omo No 2119140/ L '''^"PpJPObtioners “ °® 2023, as highly ilieaal arhuir 'J°urtsA/Ai/2023 dt ^bo Constitution of India arlau r '''oiative of Article 14 of Of SC. ST(Preveni;oTfZci :s7ArT:t7'°‘''^ P^oZon mZZ ' 'o apZnt Iri Z Particutarly AddZ ^od%. c No 1 of Prosecution in Additional District and Session<^ i ^eurt of I/ Special Court, Srikakulam " '^ourt at Laxmipeta 's filed under Article 226 of Constitution of India with 2- Sri G.V.Shivaji, learned view of the Counsel for the Petitioners and social i would submit that, i mpact involved, inspite of the Navaz Hussain Akbar, Prosecutor to in gravity, importance request made by the Petitioners practicing advocate i conduct prosecution i for appointment of Sri in Visakhapatnam as a Special Public 'n S.C.Nos.1 of 2014 and 1 to 2021 on the file of the Court of V Additional N0.I had i 27.10.2023 District and Sessions issued G.O.Rt.No.i2i4 Judge, Srikakulam, Respondent Home (Courts A) Department dated entrusting the Prosecutor of the Principal i Public Prosecutor. Learned prosecution in the above cases to the Public District and Sessions Court, Srikakulam as Special that the Accused counsel would further submit in L the above cases, approached the Government through political circles and got the proposal addressed by the District Collector and got the impugned G.O. 3. Sri V.Farooq, learned Assistant Government Pleader for Home, on written instructions, would submit that the proposed Advocate Sri Navaz Hussain Akbar involved in some criminal cases in Crime Nos.98/1983 on the file of II Town Police Station, Visakhapatnam, 48/2022 on the file of Pedabayalu Police Station, Alluri Sitharama Raju District and also in some other agitations cases. Leaned Assistant Government Pleader would further submit that, a Suspect Sheet is also being maintained against him in City Special Branch-Ill, Police Commissionerate, Visakhapatnam City from a long time. In that view, his name was not considered to be appointed as Special Public Prosecutor in the above Sessions Cases. 4. As seen from the material placed on record, admittedly, S.C.No.1 of 2014 is a case registered on the file of the Court of Special Judge for trial of offences under SCs & STs(PoA) Act -cum-V Additional District and Sessions Judge, Lakshmipeta, Srikakulam District for the offences under Sections 302 307, 326, 324, 147, 148, 120D and 109 IPC and Sections 3(1 )(x) and 3(2)(v) of SCs & STs (PoA) Act, 1989 and Sections 3 and 5 of Explosive Substances Act. Further, by virtue of an Order dated 13.07.2021 in Tr.Crl.P.No.97 of 2019 passed by a Coordinate Bench of this Court, S.C.No.7 of 2014 (renumbered as S.C.No.1 of 2021), which was pending on the file of the Court of Special Judge for trial of offences under SCs & STs(PoA) Act -cum-IV Additional District and Sessions Judge, Lakshmipeta, Srikakulam District was transferred 4 to the Court of Special Judge for trial of offences cum-V Additional District and Sessions under SCs & STs(PoA) Act - Judge, Lakshmipeta, Srikakulam District to be tried along with S.C.No.1 of 2014 Initially, the Petitioners herein 5. in S.C.No.1 to 2014 representation dated 30.05.2023 to the District Collector to made a appoint Sri Navaz Hussain Akbar, as Special Public Prosecutor in the above cases. On that on verification of the antecedents of Sri Navaz Hussain Akbar, the recommendations of the District Advocate and on Collector and the Director of Prosecutions, as there were criminal Hussain Akbar, Advocate, the Government cases registered against Sri Navaz vide G.O.Rt.No.1214, dated 27.10.2023 appointed Sri Nammi Srinivasa Rao, Public Prosecutor, Principal District and Sessions Court, Srikakulam as Special Public Prosecutor to conduct prosecution on behalf of the State in the above Sessions Cases. Challenging said G.O., the present writ petition has been due to personal reasons, said Nammi Srinivasa Rao, to continue in the said post and resigned the Petitioners herein filed. Thereafter, expressed his reluctance same. That being so, the again made a representation dated 05.05.2025 to the District Collector, Vizianagaram seeking to appoint Sri Navaz Hussain Akbar as Special Public Prosecutor in the above two cases. 6. As per the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Rules, 1995, the victim of atrocity may seek appointment of a Senior Advocate for conducting prosecution in Special Courts. For ready reference the said Rule is extracted hereunder; fj; 5 (5) Notwithstanding anything contained in sub-rule (1) the District Magistrate or the Sub-Divisional Magistrate deem necessary or if so desired by the victims of engage an eminent Senior Advocate for conducting the Special Courts or Exclusive Special Courts payment of fee as he may consider appropriate. ” may, if atrocity cases in on such 7. In view of the above provision and in view of the objections raised by the Government in appointing Sri Navaz Hussain Akbar, Advocate Public Prosecutor in the above aside G.O.Rt.No.1214 as Special cases, this Writ Petition is disposed of setting Home (Courts.A) Department, dt.27.10.2023. Petitioners are at liberty to suggest names of other three Advocates of their choice to the concerned District Collector and the District Collector is directed to send the panel to the Government, within a period of one week therefrom and the Government is directed to consider the requisition of the District Collector and appoint anyone of such Advocates as Special Public Prosecutor for conducting prosecution in S.C.Nos.1 of 2014 and 1 to 2021 on the file of the Court of V Additional District and Sessions Judge, Srikakulam week from the date of receipt of requisition from the District Collector. Meanwhile, learned trial Judge is directed not to take further course of action in those matters. within one 8. With the above observations, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending shall stand Sd/- SHAIK MOHAMMED RAFI ASSISTANT REGISTRAR closed //TRUE COPY// SECTION OFFICER To, 1. The V Additional District & Sessions Judge, Srikakulam. 2. The Principal Secretary, Home (Courts A) Department, State of Andhra Pradesh, Secretariat Buildings, Vealagapudi District. 3. The Commissioner of Social Welfare, Government of Andhra Pradesh. 4. The District Collector, Vizianagaram District, 5. The Director of Prosecution, Government of Andhra Pradesh, 6. One CC to Sri G. V. Shivaji, Advocate [OPUC] 7. Two CCs to GP for Home, High Court of Andhra Pradesh [OUT] 8. Two CCs to GP for Revenue, High Court of Andhra Pradesh [OUT] 9. Two CCs to GP for Social Welfare, High Court of Andhra Pradesh [OUT] Amaravathi, Guntur 10. Two CD Copies. ssb HIGH COURT DATED:19/08/2025 ORDER WP No.2435 OF 2024 OF ANOJJJ; Cj is^ SEP 2025 S W Current Section DISPOSING OF THE W.P. WITHOUT COSTS