APHC010244462021 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: 13891/2021 Between: 1. SMT. JALDI NAGAMANI, W/O NARAYANA RAO, AGED 33 YEARS, LABOUR, R/O H. NO.27-84, NEAR INDIRA COLONY PARK, PAYAKRAOPETA VILLAGE AND MANDAL, VISAKHAPATNAM DISTRICT ...PETITIONER AND 1. STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, A.P SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT 2. THE COLLECTOR AND DISTRICT MAGISTRATE, VISAKHAPATNAM DISTRICT, VISAKHAPATNAM 3. THE SUPERINTENDENT OF POLICE, VISAKHAPATNAM CITY POLICE VISAKHAPATNAM DISTRICT 4. THE STATION HOUSE OFFICER, PAYAKRAOPETA TOWN PS PAYAKRAOPETA VILLAGE MANDAL, VISAKHAPATNAM DISTRICT 5. SHIVALANKA GOPAL RAO, S/O DHARMARAJU AGED 50 YEARS, APSRTC EMPLOYEE R/O INDIRA NAGAR COLONY, PAYAKRAOPETA VILLAGE AND MANDAL, VISAKHAPATNAM DISTRICT 6. SMT S SUSHEELA, W/O SHIVALANKA GOPAL RAO AGED ABOUT 40 YEARS, HOUSEWIFE, R/O INDIRA NAGAR COLONY, PAYAKRAOPETA VILLAGE AND MANDAL, VISAKHAPATNAM DISTRICT 7. SRNT S LATHA, W/O SHIVALANKA GOPAL RAO AGED ABOUT 38 YEARS, HOUSEWIFE, R/O INDIRA NAGAR COLONY, PAYAKRAOPETA VILLAGE AND MANDAL, VISAKHAPATNAM 2 DISTRICT ...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 toto issue a writ, order, or direction, more in the nature of writ of mandamus under Article 226 of the Constitution of India, declaring the action of the 4th respondent in not taking further legal action against the party respondents in pursuance of FIR No. 582/2010 Dated 08.10.2020 u/s 420, 417, 506, 509 r/w Section 34 IPC, and FIR 167/2021 Dated 09.05.2021 u/s 448. 354. 509. 323 and 506 r/w Section 34 of IPC on the file of Payakraopeta Town PS, Payakraopeta, Visakhapatnam District as arbitrary, illegal, discriminatory, malafide and unconstitutional violating Article 14, 16 (4) and 21 of the Constitution of India, and issue consequential directions, directing the Respondents No.2 and 3 to take legal action as per law against party respondents in pursuance of FIR No. 582/2010 u/s 420, 417, 506, 509 r/w Section 34 IPC, including FIR 167/2021 Dated 05.05.2021 u/s 448. 354. 509. 354. 509. 323 and 5096 r/w Section 34 of IPC on the file of Payakraopeta Town PS, Payakraopeta, Visakhapatnam District, including under Sections 3 (ii) (iv)(v)(x) of The Schedule Castes and Scheduled Tribes Prevention of Atrocities Act 1989 is concerned, and to pass IA NO: 1 OF 2021 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 the 3rd and 4th respondents to take action against the party respondents in pursuance of FIR No. 582/2010 Dated 08.10.2020 u/s 420, 417, 506, 509 r/wSection 34 IPC, and FIR 167/2021 Dated 09.05.2021 u/s 448. 354. 509. 323 and 50% r/w Section 34 of IPC on the file of Payakraopeta Town PS, Payakraopeta, Visakhapatnam District, including under POA Act 2015 is concerned, pending disposal of writ petition. Counsel for the Petitioner: 1. S V INDIRA Counsel for the Respondent(S): 1. GP FOR HOME 2. GP FOR REVENUE 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 13891 OF 2021 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “…pleased issue a writ, order or direction, more in the nature of writ of mandamus under Article 226 of the Constitution of India declaring the action of the 4th respondent in not taking further legal action against the party respondents in pursuance of FIR No.582/2010 Dated 08.10.2020 u/s 420, 417, 506, 509 r/w Section 34 IPC and FIR 167/2021 Dated 09.05.2021 u/s 448, 354, 509, 323 and 506 r/w Section 34 of IPC on the file of Payakraopeta Town PS, Payakraopeta, Visakhapatnam District as arbitrary, illegal, discriminatory, malafide and unconstitutional violating Article 14, 16 (4) and 21 of the Constitution of India and issue consequential directions, directing the Respondents Nos.2 and 3 to take legal action as per law against party respondents in pursuance of FIR No.582/2010 u/s 420, 417, 506, 509 r/w Section 34 IPC including FIR 167/2021 Dated 05.05.2021 u/s 448, 354, 509, 323 and 506 r/w Section 34 of IPC on the file of Payakraopeta Town PS, Payakraopeta, Visakhapatnam District including under Sections 3 (ii) (iv) (v) (x) of The Schedule Castes and Scheduled Tribes Prevention of Atrocities Act, 1989 is concerned and to pass…” 2. This petition is filed seeking a direction to respondent Nos.2 and 3 to take legal action as per law regarding Cr.No.582 of 2020 and Cr.No.167 of 2021, which are pending on the file of Payakraopeta Town Police Station, Payakraopeta, Visakhapatnam District. 3. There is no representation for the petitioner. 4. Sri V.Farooq, learned Assistant Government Pleader for Home for the respondents, on instructions, would submit that investigation in these matters are pending. 4 5. Considering the submissions, the Writ Petition is disposed of. However, the Police are directed to conclude the investigation and file a report according to law within a period of two (02) months from the date of receipt of the copy of this order, if not already filed. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. __________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 06.10.2025 SNI 5 59 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.13891 of 2021 Dt. 06.10.2025 SNI