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2025 DAILYLAW 51938 (AP)

GERA MERY v. The State of Andhra Pradesh,

WP/33698/2023 · 2025-12-03

Venkata Jyothirmai Pratapa

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010651382023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY,THE FOURTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 33698 OF 2023 Between: 1. GERA MERY, W/o Gera Ravi, Aged 33 years, R/o D.No.1-89, Ponnekallu, Ponnekallu, Guntur, Guntur District, Andhra Pradesh-522018. 2. Gera Ravi, W/o Gera Saiman Raju, Aged 36 years, R/o D.No.1-89, Ponnekallu, Ponnekallu, Guntur, Guntur Distirct, Andhra Pradesh-522018 ...Petitioners AND 1. The State of Andhra Pradesh, Rep.by its Principal Secretary, Home Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. Andhra Pradesh. 2. Inspector General of Police, Guntur Range, Guntur District. Andhra Pradesh. 3. Superintendent of Police, Guntur, Guntur District, Andhra Pradesh. 4. The Station House Officer, Tadikonda Police Station, Tadikonda, Guntur District, Andhra Pradesh. 5. SubInspector of Police, Tadikonda Police Station, Tadikonda, Guntur District, Andhra Pradesh, 6. KannaboihaVenkateswarlu, S/o Narayana, Aged about Not Known to the Petitioner, R/o Ponnekallu, Guntur, Guntur District, Andhra Pradeh-522018. 7. Cheekati Devadasu, S/o.Not known to the Petitioner, Aged about Not Known to the Petitioner, R/o Ponnekallu, Guntur, Guntur District, Andhra Pradesh-522018. 8. Nagarjuna, S/o.Not known to the Petitioner, Aged about Not Known to the Petitioner, Sub Inspector of Police, Tadikonda Police Station, Tadikonda, Guntur District, Andhra Pradesh. 9. The Tahsildar, Tadikonda Mandal,Tadikonda, Guntur District, Andhra Praesh ...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 tomay be pleased to issue a writ or direction more particularly one like WRIT OF MANDAMUS, declaring the high handed action of the 3rd Respondent in not registering the complaint of the Petitioners against Respondent No. 6 and 7 who have physically and mentally abused the Petitioners in the name of caste and the subsequent inaction on the complaint of the Petitioners against the 8th respondent abusing his official position as 5th Respondent has physically abused and threatened the Petitioners in the name of the caste as highly illegal, arbitrary, unconstitutional and violative of Fundamental Right guaranteed to the Petitioner under Article 14, 21 and 300A of the Constitution of India and consequently to direct the Respondent no.2 to 4 to register a crime against the Respondent No.6 to 8 forthwith to initiate departmental enquiry against the 8th Respondent and to pass such IA NO: 1 OF 2023 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 be pleased to direct departmental enquiry against the Respondent No.8 for willfully misusing his position to discriminate, threaten and physically abuse the Petitioners and to pass such IA NO: 2 OF 2023 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 be pleased to direct departmental enquiry against the Respondent No.8 for willfully misusing his position to discriminate, threaten and physically abuse the Petitioners and to pass such Counsel for the Petitioners: ARUN SHOWRI G Counsel for the Respondents: GP FOR HOME THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 33698 OF 2023 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 or direction more particularly one like WRIT OF MANDAMUS, declaring the high handed action of the 3rd Respondent in not registering the complaint of the Petitioners against Respondent No.6 and 7 who have physically and mentally abused the Petitioners in the name of caste and the subsequent inaction on the complaint of the Petitioners against the 8th respondent abusing his official position as 5th Respondent has physically abused and threatened the Petitioners in the name of the caste as highly illegal, arbitrary, unconstitutional and violative of Fundamental Right guaranteed to the Petitioner under Article 14, 21 and 300A of the Constitution of India and consequently to direct the Respondent no.2 to 4 to register a crime against the Respondent No.6 to 8 forthwith to initiate departmental enquiry against the 8th Respondent and to pass such other order or orders…” 2. Heard learned counsel for the petitioner and also heard Sri. V.Farooq, learned Assistant Government Pleader for Home representing the official respondents. 3. When the matter is taken up for hearing, Sri V.Farooq, learned Assistant Government Pleader for Home for the respondents, basing on the averments in the counter-affidavit filed by the respondent No.4 stated that the no case is made out by the petitioners and as in their investigation, the incident is not found to have occurred and the complaint is given falsely and hence, no crime is registered against the respondent Nos.6 and 7. 4. Recording the submission of learned Assistant Government Pleader, this writ petition is disposed of. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATAJYOTHIRMAI PRATAPA Date: 04.12.2025 Ksj