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2025 DAILYLAW 55305 (AP)

PANDARABOINA TIRUMALA KRISHNA @ JAGAN KRISHNA v. THE STATE OF AP

WP/14579/2025 · 2025-11-27

Venkata Jyothirmai Pratapa

body2025

Judgment text

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APHC010289792025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] FRIDAY,THE TWENTY EIGHTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 14579/2025 Between: 1. PANDARABOINA TIRUMALA KRISHNA @ JAGAN KRISHNA, SON KONDAIAH, AGED ABOUT 32 YEARS, R/O. D.NO.4-153, GOPALEIKRISHNA COLONY, MAHANANDI, BOLLARAM, KURNOOL DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS CHIEF SECRETARY, GOVERNRAENT OF ANDHRA PRADESH, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 3. THE DIRECTOR GENERAL OF POLICE, HEAD OF POLICE FORCE, O/O. MANGALAGIRI, GUNTUR DISTRICT. 4. HARISH KUMAR GUPTA, THE DIRECTOR GENERAL OF POLICE, HEAD OF POLICE FORCE, O/O. MANGALAGIRI, GUNTUR DISTRICT. 5. THE ANDHRA PRADESH PUBLIC SERVICE COMMISSION, REP. BY ITS CHAIRMAN, APPSC OFFICE, MAHATMA GANDHI ROAD, VIJAWADA. ...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, order or direction more particularly one in the nature of Writ of Mandamus by declaring the inaction of the respondents herein for not implementing the guidelines (SEVEN DIRECTIVES) of the Apex Court, more precisely of the dictum of Prakash Singh 85 Others Vs Union of India and Others as reported (2006) 8 SCC 1 in the State of Andhra Pradesh by the 1st respondent State more precisely the seven directives viz., (1) Constitute of State Security Commission (SSC), (2) appointing the Director General of Police on its merits based transparent process, (3) Police Officers Operational Duties minimum of two years, (4) Police Establishment Board (PEB), (5) Separate the investigation and law 2 and order functions of Police, (6) Police Complaints Authority (PCA) and (7) National Security Commission (NEC) is bad, illegal, arbitrary and unconstitutional and also contrary to the true spirit of the law as declared by the Apex Court and consequently crave leave of this Hon’ble Court to take action against all the respondents herein for bulldozing the true constitutional spirit as declared by the Apex Court by way of seven directives as rendered in Prakash Singh Judgment even after two decades and further crave leave of this Honble Court to take action against the 5th respondent herein for dodging the matter by not implementing the true spirit of the order of this HonTDle Court Division Bench rendered in WP (PIL) No.66 of 2022 dated 12.10.2022 by implicating the petitioner in the 12th Criminal case, where a notice dated 03.06.2025 issued under Section 35 of BNS to the Petitioner in unconnected Cr.No.409 of 2024 of Pulivendala Police Station nearly after more than one year on the pretext of social media activist by implicating as Accused No.73 is nothing but abuse of process of law in the light of non implantation of seven directives of Prakash Judgment (2006) 8 see 1 and pass Counsel for the Petitioner: 1. V SURENDRA REDDY Counsel for the Respondent(S): 1. GP FOR HOME 2. GP FOR GENERAL ADMINISTRATION 3 The Court made the following: ORDER: Heard learned counsel for the Petitioner and Learned Assistant Government Pleader for Home representing for respondent State. Perused the material on record. Learned Assistant Government Pleader on instructions would submit that as per the Government Compliance with Supreme Court Directives on Police Reforms, as per Directive Six, - Set up a Police Complaints Authority (PCA) at State level to inquire into Public complaints of and above the rank of Deputy Superintendent of Police in case of serious misconduct, including custodial death, grievous hurt, or rape in police custody and at District levels to inquire into Public complaints against the Police personnel below the rank of Deputy Superintendent of Police in case of serious misconduct. The District Level authority is headed by a retired District Judge and the State Level Authority is headed by a retired Judge of the High Court/Supreme Court holding the post of Chairman. Further, requested to dispose of the Writ Petition by passing appropriate orders. Learned counsel for the Petitioner would submit that recording the said submission, this Writ Petition may be disposed of. 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/* 4 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA Writ Petition No. 14579 of 2025 28.11.2025 Mjl /*