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2025 DAILYLAW 55259 (AP)

ELLA VIJAYA KUMAR v. The State of Andhra Pradesh

WP/13602/2022 · 2025-11-03

Venkata Jyothirmai Pratapa

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Judgment text

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APHC010231292022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY, THE FOURTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 13602/2022 Between: 1. ELLA VIJAYA KUMAR, S/O. NARASIMHA RAO, AGED 60 YEARS, EASTE OFFICER SINGARENI COLLARIES, RIO. QUARTER NO.MB- 61, NEAR THREEMANTHA TEMPLE,WRITER BASTI, KOTHAGUDEM, BADRADRI KOTHAGUDEM DISTRICT, TELANGANA STATE. 2. GUBBALA SETHADEVI, W/O ELLA VIJAYA KUMAR,S/O. AGED 59 YEARS, RETIRED TEACHER,SINGARENI COLLARIES, RIO. QUARTER NO.MB-61, NEAR THREEMANTHATEMPLE, WRITER BASTI, KOTHAGUDEM, BADRADRI KOTHAGUDEM DISTRICT,TELANGANA STATE. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI. 2. THE DIRECTOR GENERAL OF POLICE FOR THE STATE OF ANDHRA PRADESH, MANGALAGIRI, GUNTUR DISTRICT. ANDHRA PRADESH. 3. THE SUPERINTENDENT OF POLICE RAJAMUNDRY, ( NEW DISTRICT ) EAST GODAVARI DISTRICT. ANDHRA PRADESH. PIN CODE.533101 4. THE DEPUTY SUPERINTENDENT OF POLICE, DISHA WOMEN 2 POLICE STATION, RAJAMAHENDRAVARAM, ( NEW DISTRICT ) EAST GODAVARI DISTRICT. ANDHRA PRADESH. PIN CODE.533101 5. THE SUB INSPECTOR OF POLICE, DISHA WOMEN POLICE STATION, RAJAMAHENDRAVARAM, ( NEW DISTRICT ) EAST GODAVARI DISTRICT. ANDHRA PRADESH. PIN CODE.533101 6. YANDRA ELLA MOULIKA, W/O. ELLA VENKATA PAVAN RAGHU KUMAR AGED 26 YEARS, HINDU, FEMALE, FT/O. D.NO.90-6-6/6, SWARAJ NAGAR, RAJAMAHENDRA VARAM - 533101 RAJAMAHENDRAVARAM, ( NEW DISTRICT ) EAST GODAVARI DISTRICT. ANDHRA PRADESH. PIN CODE.533101 7. YANDRA MUSALAYYA, S/O. ( LATE). VEERAMSETTI, AGED 57 YEARS, HINDU, MALE, DOOR NO.90-6-6/6, BRADIPETA, PALAKOL WEST GODAVARI DISTRICT. BHIMAVARAM ( NEW DISTRICT) ANDHRA PRADESH, PIN CODE . 534260. ...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 writ, order or direction more particularly one in the nature of writ of Mandamus to declare that the Police working in the Disha Police Station to Register the FIR and file Charge Sheet in respect of matrimonial matters without following the guidelines of the Honorable Supreme Court of India, are illegal, and Arbitrary and contrary law, consequently to quash the Charge-Sheet filed by the 5th Respondent in C.C.N0.3432/2022 before the IV ADDITIONAL JUDICIAL FIRST CLASS MAGISTRATE'S COURT, Rajamahendravaram, East Godavari District, against the accused and pass such IA NO: 1 OF 2022 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 stay all further proceedings in C.C.N0.3432/2022, pending on the file of IV ADDITIONAL JUDICIAL FIRST CLASS MAGISTRATE'S COURT, Rajamahendravaram, East Godavari District, including the proceedings of the SHO Disha Women Police Station Rajahmundry in respect of Crime No 169/2021 till the disposal of the Main Quash Petition in the interest of the justice and pass such 3 IA NO: 1 OF 2024 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 grant leave to the Petitioners/Respondent Nos. 6 and 7 in the WP.No. 13602 of 2022 to file the Counter Affidavit of respondent Nos. 6 and 7 in the above Writ Petition and to pass Counsel for the Petitioner(S): 1. PECHATHY RANGA RAO Counsel for the Respondent(S): 1. GP FOR HOME 2. RENU CHAKRAVARTHY KANADAM 4 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 13602 of 2022 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “…to issue writ, order or direction more particularly one in the nature of writ of Mandamus to declare that the Police working in the Disha Police Station to Register the FIR and file Charge Sheet in respect of matrimonial matters without following the guidelines of the Honorable Supreme Court of India, are illegal, and Arbitrary and contrary law, consequently to quash the Charge-Sheet filed by the 5th Respondent in C.C.N0.3432/2022 before the IV ADDITIONAL JUDICIAL FIRST CLASS MAGISTRATE'S COURT, Rajamahendravaram, East Godavari District, against the accused and pass such…” 2. Heard Sri Pechathy Ranga Rao, learned counsel for the petitioner. Mrs.Renu Chakravarthy Kanadam, learned counsel for the unofficial respondents and Sri V.Farook, learned Assistant Government Pleader for Home for the official respondents is in attendance. 3. Learned counsel for the petitioner would submit that the petition may be disposed of giving liberty to the petitioner to work out his remedies before the appropriate forum according to law, since, the present petition is filed challenging the C.C.N0.3432/2022 before the IV Additional Judicial First Class Magistrate's Court, Rajamahendravaram, East Godavari District. 4. In that view, this Writ Petition is disposed of. However, the petitioner is at liberty to recourse his remedies before the appropriate forum according to law. There shall be no order as to costs. 5 As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 04.11.2025. UPS 6 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.13602 of 2022 Dated.04.11.2025 UPS 114