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2025 DAILYLAW 51254 (AP)

TURAKA LAKSHMAMMA v. THE STATE OF ANDHRA PRADESH

WP/35883/2025 · 2025-12-29

Venkata Jyothirmai Pratapa

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 APHC010691662025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY, THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 35883/2025 Between: 1. TURAKA LAKSHMAMMA, W/O LATE ANKAIAH, AGED ABOUT 59 YEARS, OCC FARMER, RIO VADDIPALEM VILLAGE, VENKATACHALA SATRAM MANDAL, SRI POTTI SRIRAMULU NELLORE DISTRICT, ANDHRA PRADESH. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, ANDHRA PRADESH. 5 L.I2 2. 2. THE DIRECTOR GENERAL OF POLICE, MANGALAGIRI, ANDHRA PRADESH. 5 51L3 3. 3. THE SUPERINTENDENT OF POLICE, NELLORE, SPS NELLORE DISTRICT, ANDHRA PRADESH. 52 4/D0) F 4. 4. THE DEPUTY SUPERINTENDENT OF POLICE, NELLORE RURAL SDPO, SPS NELLORE DISTRICT, ANDHRA PRADESH. 2 O), 5. 5. STATION HOUSE OFFICER, VENKATACHALA SATARAM POLICE STATION, VENKATACHALAM, SPS NELLORE DISTRICT, ANDHRA PRADESH-524320 6. POTHUGUNTA SUBBA RAO, STATION HOUSE OFFICER, 2 VENKATACHALA SATARAM POLICE STATION, VENKATACHALAM, SPS NELLORE DISTRICT, ANDHRA PRADESH-524320. 7. 7. SRIRAM MURALI KRISHNA, S/O PEDDAIAH, AGE 46 YEARS, OCC ADVOCATE, RIO H.NO. 25-1-109, 2ND STREET, Z.P. COLONY, NEAR SURYA HIGH SCHOOL, A.K. NAGAR, NELLORE, SPS NELLORE DISTRICT, ANDHRA PRADESH-524002. ...RESPONDENT(S): Counsel for the Petitioner: 1. VENKATA MOHAN RAO PATHAKOTA Counsel for the Respondent(S): 1. GP FOR HOME The Court made the following: ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “.... to issue a writ, order or direction more particularly one in the nature of mandamus, declaring the action of the Respondent No.3 4 in not considering the representation dated 12.12.2025 and take action against Respondent No.5 6 for the illegal acts of damaging the petitioner property in support of Respondent No.7 as illegal, arbitrary and amounts to abdication of statutory duties cast up on them and also violative of Articles 14 and 21 of the Constitution of India and consequently direct the Respondent No.2 to 4 to take action against Respondent No.5 6 for the illegal acts of damaging the petitioner property in support of Respondent No.7.” 2. Heard Sri Venkata Mohana Rao Pathakota, learned counsel for the petitioner and Sri Ajay Babu, learned Assistant Government Pleader for Home. 3. Learned Assistant Government Pleader for Home would submit that, on the complaint made by respondent No.7, a case in Crime No.177 of 2025 has 3 been registered against the petitioner for the offences punishable under Sections 329(3) and 324(4) read with Section 3(5) of the BNS. Learned Assistant Government Pleader would further submit that the petitioner and others filed a criminal petition seeking quashment, but they did not succeed in obtaining any favourable order, and therefore the petitioner has preferred the present petition. 4. Learned Assistant Government Pleader for Home would further submit that the police received the representation of the petitioner and conducted an enquiry, and after due enquiry, found that the contents were false; therefore, no crime was registered based on such representation. Learned Assistant Government Pleader for Home would further submit that another case is also pending against the petitioner in Crime No.249 of 2024, in which the investigation has been completed and a charge sheet has been filed. The Court has taken cognizance of the same, and it is pending as S.C. No.22 of 2025 on the file of the V Additional District & Sessions Judge-cum-Special Judge for Trial of SCs & STs (PoA) Act Cases, Nellore. 5. Learned Assistant Government Pleader would further submit that respondent No.5 never caused any damage to the properties of the petitioner and that only false allegations have been made against him. 6. Learned counsel for the petitioner would submit that the petitioner and another filed Criminal Petition No.13071 of 2025 seeking quashment and obtained an order of stay in that matter. Learned counsel would further submit 4 that a direction be issued to respondent No.3 to consider the petitioner’s representation and take appropriate action. 7. Considering the submissions made, the Writ Petition is disposed of. However, the respondent No.3 is directed to look into the representation of the petitioner and take appropriate action according to governing Rules and Law. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed. __________________________________ Dr.VENKATA JYOTHIRMAI PRATAPA, J Date: 30.12.2025 Asr 5 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.35883 of 2025 Dt..30.12.2025 Asr