Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 52705 (AP)

VEMULA MALLIKARJUNA/MALLI v. The State of Andhra Pradesh

WP/27506/2021 · 2025-10-13

Venkata Jyothirmai Pratapa

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010455712021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) jo TUESDAY,THE FOURTEENTH DAY OF OCTOBE^ TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA WRIT PETITION MQ; 27506 OF ono't 050 0;^ JYOTHIRMAI PRATAPA Between: Vemula Mallikarjuna@Malli, S/o. Venkataswamy Plot No.2786, Amruthanagar, Proddatur District , Aged about 32 years, R/o. Mandal, Proddatur, YSR (Kadapa) ...PETITIONER AND 1. The State of Andhra Pradesh, Represented by its Principal Secretary apartment of Home, Secretariat Buildings, Velgapudi, Amravati Andhra Pradesh. 2. National Commission for Backward Classes, Rep by its Secretary inistry of Social Justice and Empowerment, Government of India Trikoot-1,BhikajiCama Place, New Delhi-110066 3. Achary Thalloju Member, National Commission for Backward Classes Ministry of Social Justice and Empowerment, Government of India, New Delhi-110066 Trikoot-1, Bhikaji Cama Place, 4. The Director General of Police, State of Andhra 5. The Superintendent of Police Pradesh, Amravati. Kadapa, YSR (Kadapa) District. - Proddatur, YSR (Kadapa) District. I Town Police Station, Proddatur 6. The Sub-Divisional Police Officer 7. The Station House Officer, (Kadapa) District. YSR 4 8. Janapati Rama Gopal, S/o.Singarappa (Late), Aged about 58 Years Occ: Business, R/o. Flat No. 102, White Lotus Apartment, YMR Colony Pnoddatur, YSR (Kadapa) District ...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 Mandamus declaring the action of the respondents in harassing and violating the rights of the petitioner at the instance of the proceedings vide NCBC/Member(AT)/2021/File No.380 of the respondent No.2 and 3 as illegal, arbitrary without jurisdiction, against the Code of Criminal Procedure and in violation of Article 14, 21 of the Constitution of India and direct the respondents not to summon or seek appearance of the petitioner on the basis of National Commission for Backward Classes NCBC/Member(AT)/2021/File No.380 without following procedure Criminal Procedure Code. lA 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 to direct the respondents to refrain summoning or seeking appearance of the writ petitioner without following the procedure as envisaged in Criminal Procedure Code, pending disposal of the main writ petition. lA NO: 2 OF 2021 Petition under Section 151 CPC r 1973 consequently proceedings vide under praying that in the circumstances stated in the affidavit fiied in support of the petition, the High Court may be pleased to stay of all further proceedings NCBC/Member(AT)/2021/File No.380 25.082021 initiated by the 2 date and 3'''^ respondents, pending disposal of the nd main writ petition. lA NO: 3 OF 2n?1 Between: Janapati Rama Gopal, S/o.Singarappa (Late), Aged about 58 Years Business, R/o. Flat No. 102, Proddatur, YSR (Kadapa) District I , Occ: White Lotus Apartment, YMR Colony, ...PETITIONER/RESPONDENT No.8 AND 1. Vemula Mallikarjuna@Malli, S/o. Venkataswamy, Aged about 32 R/o. Plot No.2786, Amruthanagar, Proddatur Mandal (Kadapa) District. years, , Proddatur, YSR ...PETITIONER/RESPONDENT Secretary, Velgapudi, Amravati, 2. The State of Andhra Pradesh, Represented by its Principal Department of Home, Secretariat Buildings Andhra Pradesh. 3. National Commission for Backward Classes, Ministry of Social Justice and Empowerment, Trikoot-1, Bhikaji Cama Place, New Delhi-110066 4. Achary Thalloju Member, National Commission for Ministry of Social Justice and Empowerment, Trikoot-1, Bhikaji Cama Place, New Delhi-110066 5. The Director General of Police, State of Andhra Pradesh 6. The Superintendent of Police, Kadapa, YSR (Kadapa) District. 7. The Sub-Divisional Police Officer, Proddatur, YSR (Kadapa) District. 8. The Station House Officer, III Town Police Station (Kadapa) District. Rep by its Secretary Government of India, Backward Classes Government of India, Amravati. Proddatur, YSR ...RESPONDENTS/ RESPONDENTS 4 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 Vacate the interim order passed in .lA. No.1 of 2021 in WP. No.27506 of 2021. Dt. 23- 11-2021. Counsel for the Petitioner: SRI RAVITEJA PADIRI Counsel for the Respondent Nos.1, 4 to 7: GP FOR HOME Counsel for the Respondent Nos.2 & 3:SRI PELLETI RAJESH KUMAR (CENTRAL GOVT COUNSEL) Counsel for the Respondent No.8: SRI V. NITESH The Court made the following order: APHC010455712021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI ' (Special Original Jurisdiction) SES [3396] TUESDAY,THE FOURTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION No. 27506/2021 Between: 1.VEMULA MALLIKARJUNA/MALLI, S/O.VENKATASWAMY, AGED ABOUT 32 YEARS, RIO.PLOT NO.2786, AMRUTHANAGAR, PRODDATUR MANUAL, PRODDATUR, YSR (KADAPA) DISTRICT ...PETITIONER AND 1 THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF HOME, SECRETARIAT BUILDINGS, VELGAPUDI, AMRAVATI, ANDHRA PRADESH. 2. NATIONAL COMMISSION FOR BACKWARD CLASSES, REP BY ITS SECRETARY MINISTRY OF SOCIAL JUSTICE AND TRIKOOT-1, EMPOWERMENT, GOVERNMENT OF INDIA, BHIKAJI CAMA PLACE, NEW DELHI-110066 3.ACHARY THALLOJU MEMBER, NATIONAL COMMISSION FOR BACKWARD CLASSES MINISTRY OF SOCIAL JUSTICE AND 6 EMPOWERMENT, GOVERNMENT OF INDIA, TRIKOOT-1, BHIKAJI CAMA PLACE, NEW DELHI-110066 4.THE DIRECTOR GENERAL OF POLICE, STATE OF ANDHRA PRADESH, AMRAVATI. 5.THE SUPERINTENDENT OF POLICE, KADAPA, YSR (KADAPA) DISTRICT. 6.THE SUBDIVISIONAL POLICE OFFICER, PRODDATUR, YSR (KADAPA) DISTRICT. 7.THE STATION HOUSE OFFICER, III TOWN POLICE STATION, PRODDATUR, YSR (KADAPA) DISTRICT. 8.JANAPATI RAMA GOPAL, S/O.SINGARAPPA (LATE), AGED ABOUT 58 YEARS, OCC.BUSINESS, RIO.FLAT NO.102, WHITE YMR COLONY, PRODDATUR, YSR LOTUS APARTMENT, (KADAPA) DISTRICT ...RESPONDENT{S): 2 0^ Petition under Article 226 of the Constitution of india pravina that in nature of Mandamus deciaring the action of the respondents in harass m idercSS^^^^^^^ Proper, r&r nrr:" India and consequently direct the respondents not to summon or ^PPk appearance of the petitioner on the basis of National Commission for proceedings vide NCBC/Member(AT)/2021/Fiie Without following procedure under Criminal Procedure oucn of No.380 Code and pass lA No. 1 OF 2071 IANOl2OF2021 or Counsel for the Petitioner: 1.RAVITEJA PADIRI Counsel for the Respondent(S)- 1.GP FOR HOME 3 V KUMAR (CENTRAL GOVT COUNSEL) 3 a The Court made the following: ORDER. Article 226 of the Constitution of India is filed by This Writ Petition under the Petitioner seeking the following relief: " to issue a Writ, order or direction more particularly one in the nature of Mandamus declaring the action of the respondents in the riahts of the petitioner at the instance of the Proceedings vioe NCBC/Member(AT)/2021/File No.380 of the respondent Nos.2 and 3 as illegal, consequently, direct the respondents not to f CliS the petitioner on the basis of National Commission for Backward Classes proceedings vide NCBC/Member(AT)/2021/File procedure under Criminal Procedure Code and pass such .... Heard learned counsel for the Petitioner No.380 without following and learned Assistant Government Pleader for Home appearing for respondent State. Perused the material on record. would submit that on the basis of the Learned counsel for the Petitioner by respondent No.8, respondent No.7/Police registered a case in offences punishable under Sections 147, 327 read complaint filed Crime No.66 of 2021, for the with 149 IPC, wherein, Petitioner is shown as representation of respondent No.8/ defacto 3/National Commission for directed the Inspector of Police, to to the said crime. In the light of the same, respondent Police are calling the Accused. Further, basing on the complainant, respondents 2 and Backward Classes vide Notice dated 25.08.2021 has attend before the Commission with regard Petitioner to the police station and harassing him. On the other hand, learned Assistant Government Pleader for Home on this Crime is completed and instructions would submit that investigation in 4 charge sheet is filed and that respondent Police did not call the Petitioner to the Police Station since his presence is not necessary and would submit that this Court may pass appropriate orders by disposing of this Writ Petition. In that view, this Writ Petition is disposed of. Respondent Police directed to follow due process of with regard to the subject crime registered against the Petitioner. No order as to costs. are Pending applications, if any, shall stand closed. Sd/- M. SRiNIVAS //TRUE COPY// ASSISTANT R^ilSTRAR FFICER SECTIO To, 1. The Principal Secretary, Department of Home, State of Andhra Pradesh, Secretariat Buildings, Velgapudi, Amravati, Andhra Pradesh. 2. The Secretary, National Commission for Backward Classes, Ministry of Social Justice and Empowerment, Government of India, Trikoot-1, Bhikaji Cama Place, New Delhi-110066 3. Achary Thalloju Member, National Commission for Backward Classes Ministry of Social Justice and Empowerment, Government of India, Trikoot-1, Bhikaji Cama Place, New Delhi-110066 4. The Director General of Police, State of Andhra Pradesh, Amravati. 5. The Superintendent of Police, Kadapa, YSR (Kadapa) District. 6. The Sub-Divisional Police Officer, Proddatur, YSR (Kadapa) District. 7. The Station House Officer, III Town Police Station, Proddatur, YSR (Kadapa) District. 8. One CC to Sri Raviteja Padiri, Advocate [OPUC] 9. One CC to Sri Pelleti Rajesh Kumar (Central Govt. Counsel) [OPUC] 10. One CC to Sri V. Nitesh, Advocate [OPUC] 11. Two CCs to GP for Home, High Court of Andhra Pradesh [OUT] 12. Two CD Copies. ssb HIGH COURT DATED:14/10/2025 ORDER WP No. 27506 OF 2021 ) 0 3 NOV 2025 ^^sXurrentSectiopxW DISPOSING OF THE W.P. WITHOUT COSTS