APHC010504692021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY,THE FOURTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION No. 30262/2021 Between: 1. TOGURU SIVA LAKSHMAMMA, W/O.AGGOLUCHINNANARSIMHULU (LATE), AGED 52YRS, OCC-UNEMPIOYED, R/O-4-71, NANDIKUNTA, KOTHAPALLI, KURNOOL DISTRICT,ANDHRA PRADESH - 518 422. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF HOME, SECRETARIAT, VELAGAPUDI, AMARAVATHI,ANDHRA PRADESH. 2. THE DISTRICT COLLECTOR, KURNOOL DISTRICT, ANDHRA PRADESH. 3. THE SUPERINTENDENT OF POLICE, SC/ST CELL-I, KURNOOL DISTRICT, ANDHRA PRADESH. 4. THE DEPUTY SUPERINTENDENT OF POLICE, KURNOOL DISTRICT, ANDHRA PRADESH. 5. THE STATION HOUSE OFFICER, KOTHAPALLI POLICE STATION, KOTHAPALLI MANDAL,KURNOOL DISTRICT, ANDHRA PRADESH. 6. THE TAHSILDAR, KOTHAPALLI MANDAL, KURNOOL DISTRICT, ANDHRA PRADESH. 7. MR PIREDDY NARAYANA REDDY, S/O- LATE SHIVARAMIREDDY, AGED ABOUT- 45 YEARS, R/O- NANDIKUNTA VILLAGE, KOTHAPALLI MANDAL, KURNOOL DISTRICT, ANDHRA PRADESH. 8. RAYA LINGAMMA, W/O.LATE LINGANNA, AGED- 37 YRS,OCC- ALCOHOL BUSINESS, R/O NANDIKUNTA VILLAGE, KOTHAPALLI MANDAL, KURNOOL DISTRICT, ANDHRA PRADESH. 9. NIMMALA LAXMI, W/O.PEDDALINGANNA, AGED- 30 YRS, OCC- ALCOHOL BUSINESS, R/O.NANDIKUNTA VILLAGE, KOTHAPALLI MANDAL, KURNOOL DISTRICT, ANDHRA PRADESH. 10. VEERAMMA, D/O- LINGANNA, AGED-25 YRS,OCC- ALCOHOL 2 BUSINESS, R/O.NANDIKUNTA VILLAGE, KOTHAPALLI MANDAL, KURNOOL DISTRICT, ANDHRA PRADESH 11. SIVAMMA N, W/O.NIMMALAVENKATESHWARLU, AGED- 30 YRS,OCC- ALCOHOL BUSINESS, R/O.NANDIKUNTA VILLAGE, KOTHAPALLI MANDAL, KURNOOL DISTRICT, ANDHRA PRADESH. 12. NIMMALAVENKATESHWARLU, S/O. LINGANNA, AGED- 30 YRS, OCC- ALCOHOL BUSINESS, R/O.NANDIKUNTA VILLAGE, KOTHAPALLI MANDAL, KURNOOL DISTRICT, ANDHRA PRADESH. 13. NIMMALALINGANNA, S/O.PEDDALINGANNA, AGED- 32 YRS, OCC- ALCOHOL BUSINESS, R/O.NANDIKUNTA VILLAGE, KOTHAPALLI MANDAL, KURNOOL DISTRICT, ARDHRA PRADESH. 14. NIMMALAPEDDALINGANNA, S/O.LINGANNA, AGED- 35 YRS, OCC- ALCOHOL BUSINESS, R/O.NANDIKUNTA VIL AGE, KOTHAPALLI MANDAL, KURNOOL DISTRICT, ANDHRA PRADESH. ...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 to issue a writ or order or direction more particularly in the nature of Writ of Mandamus challenging the inaction of the Respondent Nos.3 to 5for not conducting their duties as per the Rules of SCs and STs (Prevention of Atrocities)Rules, 1995 and also the action of Respondent Nos.3 to 5 of closing the Case as FALSE vide R.C.No.7528/04/SC.ST/2021, dated- 10/11/2021 of SP, Kurnool in Cr.No.169/2021, without conducting proper investigation and also not punishing the Respondent Nos.4 and 5 as per Section 4 of SCs and STs (Prevention of Atrocities) Act, 1989, which is illegal arbitrary and also against Article 21 of Constitution of India and also against SCs and STs (Prevention of Atrocities) Act and Rules and consequently, (i)To direct the Respondent Authorities to take all the necessary steps U/S 3 and 4 of the Act and Rules, 1995 to safeguard the Petitioner right under the SC/ST Act (ii)To direct the Respondents No.2and 3 to call for records regarding the investigation conducted by the Investigation Officer and the reason for closing the Case as FALSE (iii)To direct the Respondent No.3 to collect the evidence from the Petitioner and supporting witnesses and conduct proper investigation and file charge sheet in Cr.No.169/2021 (iv)To direct the Respondent Authorities to prevent the continuation of the Atrocities in the Name of Caste against the Petitioner and her family members at her Village forthwith by providing Police Protection (v)To direct the Respondent No.3/District Collector to pay the monitory Relief Amount of 3 Rs.50,000/- (Rupees Fifty Thousand Only) to the Petitioner and as per Rule 12 (4) of SCs and STs (Prevention of Atrocities) Act, 1995 and 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 to direct the Respondent Authorities to provide the Police Protection to the Petitioner and her family members to prevent the continuation of the Atrocities in the Name of Caste against the Petitioner and her family members at her Village forthwith and pass Counsel for the Petitioner: 1. Y BALAJI Counsel for the Respondent(S): 1. GP FOR HOME 2. GP FOR REVENUE 4 The Court made the following: ORDER: This Writ Petition under Article 226 of the Constitution of India is filed by the Petitioner seeking the following relief: “... to issue a writ or order or direction more particularly in the nature of Writ of Mandamus challenging the inaction of the Respondent Nos.3 to 5 for not conducting their duties as per the Rules of SCs and STs (Prevention of Atrocities)Rules, 1995 and also the action of Respondent Nos.3 to 5 of closing the Case as FALSE vide R.C.No.7528/04/SC.ST/2021, dated- 10/11/2021 of SP, Kurnool in Cr.No.169/2021, without conducting proper investigation and also not punishing the Respondent Nos.4 and 5 as per Section 4 of SCs and STs (Prevention of Atrocities) Act, 1989, which is illegal arbitrary and also against Article 21 of Constitution of India and also against SCs and STs (Prevention of Atrocities) Act and Rules and consequently, (i)To direct the Respondent Authorities to take all the necessary steps U/S 3 and 4 of the Act and Rules, 1995 to safeguard the Petitioner right under the SC/ST Act (ii)To direct the Respondents No.2and 3 to call for records regarding the investigation conducted by the Investigation Officer and the reason for closing the Case as FALSE (iii)To direct the Respondent No.3 to collect the evidence from the Petitioner and supporting witnesses and conduct proper investigation and file charge sheet in Cr.No.169/2021 (iv)To direct the Respondent Authorities to prevent the continuation of the Atrocities in the Name of Caste against the Petitioner and her family members at her Village forthwith by providing Police Protection (v)To direct the Respondent No.3/District Collector to pay the monitory Relief Amount of Rs.50,000/- (Rupees Fifty Thousand Only) to the Petitioner and as per Rule 12 (4) of SCs and STs (Prevention of Atrocities) Act, 1995 and pass ....” At the time of hearing, it is represented that the learned counsel for the Petitioner on record has become as Government Pleader. Learned Assistant Government Pleader for Home on written instructions would submit that after completion of the investigation of the subject crime, respondent Police filed final report referring the case as „False‟. Petitioner herein being the de facto Complainant filed a Protest Petition and the Trial Court took the case on file as SC No.205 of 2022 and the same is pending for adjudication 5 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. No order as to costs. Pending applications, if any, shall stand closed. DR.JUSTICE VENKATA JYOTHIRMAI PRATAPA Mjl/* 6 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA Writ Petition No. 30262 of 2021 14.10.2025 Mjl /*