APHC010132762020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] MONDAY,THE TWENTY FOURTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 8735/2020 Between: 1. M. PARTHASARATHI, S/O. M. SURYANARAYANA, AGE 35 YEARS, OCC- BUSINESS, R/O. D.NO. 3-23, OLD POLICE STATION ROAD, KALLUR, PULICHERLA MANDAL, CHITTOOR DISTRICT. 2. YARRAIAH,, S/O. LATE SIDDAIAH, AGE 51 YEARS, OCC- CULTIVATION, R/O. VADDIPALLI, MATHUKUVARIPALLI, BODIREDDYGARIPALLI VILLAGE, PULICHERLA MANDAL 3. NAGARAJA,, S/O. EASWARAIAH, AGE 40 YEARS, OCC- CULTIVATION, R/O. 7-7, JANDRAPETA, KAMMAPALLI VILLAGE, PULICHERLA MANDAL. 4. M. LOKESH,, S/O. M. SURYANARAYANA, AGE 32 YEARS, OCC- BUSINESS, R/O. D.NO. 3-23, OLD POLICE STATION ROAD, KALLUR, PULICHERLA MANDAL, CHITTOOR DISTRICT. 5. G. MADAN MOHAN BABU,, S/O. G. KRISHNAIAH, AGE 45 YEARS, OCC- BUSINESS, R/O. D. NO. 6-31, TIRUPATHI ROAD, SMALA (V AND M AND P), CHITTOOR DISTRICT. 6. K. HARIBABU,, S/O. LATE MUNASWAMY, AGE 68 YEARS, OCC- CULTIVATION, R/O. D.NO. 4-476, VRR ROAD, SADUM (V AND M), CHITTOOR DISTRICT. 7. PAOLA PREM KUMAR,, S/O. P. SUBRAMANYAM, AGE 25 YEARS, OCC- STUDENT, R/O. KONETIPALEM STREET, PUNGANUR TOWN, CHITTOOR DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP, THROUGH ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI. 2. THE DIRECTOR GENERAL OF POLICE, 0/O. DGP, TADEPALLI, GUNTUR DISTRICT. 3. THE A P STATE ELECTION COMMISSION, REP. THROUGH ITS COMMISSIONER, VIJAYAWADA. 4. THE DISTRICT COLLECTOR/ DISTRICT ELECTION AUTHORITY, CHITTOOR DISTRICT, CHITTOOR. 2 5. THE SUPERINTENDENT OF POLICE, CHITTOOR DISTRICT, CHITTOOR, 6. THE STATION HOUSE OFFICER, KALLUR POLICE STATION, PULICHERLA MANDAL, CHITTOOR DISTRICT. 7. THE MANDAL DEVELOPMENT OFFICER/ RETURNING OFFICER, MDO OFFICE, PULICHERLA MANDAL, CHITTOOR DISTRICT. 8. SRI SRINIVAS VEERI, SUB-INSPECTOR, KALLUR POLICE STATION, PULICHERLA MANDAL, CHITTOOR DISTRICT ...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 one in the nature of Writ Of Mandamus declaring that the actions of the respondents i) in not providing necessary police protection to the petitioners herein though there is serious life threat from ruling party petty politicians and their henchmen by acting on representation dt. 16-03-2020 at least ii) respOndent No. 6 in refusing to receive the written complaint and not registering an FIR u/ sec. 307, 325, 171-A, 171-C and 171-F of 1PC against the persons who prevented petitioners 1 to 3 from filing nominations for Devalampeta, Kalluru-1 and Reddyvaripalli MPTC constituencies respectively and tried to kill the petitioners and registering an FIR No. 20/2020 u/sec. 341, 324, 427, 506 r/w 34 'pc only as an eye wash measure and just to save the main accused iii) respondent No. 8 in threatening the 6th respondent to give/write the complaint as per their dictum to suit their convenience. iv) respondent No.7 in not protecting/rescuing the petitioners from anti social elements/petty politicians who prevented petitioners from filing nominations and tried to kill them and, riot taking any subsequent actions for conducting election process smoothly. v) in not conducting the investigation fairly/impartially and dancing to the tunes of ruling party politicians and trying to implicate this petitioners in false criminal cases as illegal, high handed, violative of Articles 14, 21, 300-A, 243-K and 243-ZA of the Constitution of India and consequently direct the respondents 2 and 3 to act upon complaint/ representation dt. 16-03-2020 and take necessary action against all the concerned including action against respondents 4 to 8 herein in accordance with law and provide necessary police protection to the petitioners herein and direct to register an FIR u/sec. 307, 325, 171-A, 171-C and 171-F of IPC against the persons who prevented petitioners 1 to 3 from filing nominations and tried to kill the petitioners and conduct the investigation fairly/impartially/independently by an officer not lesser than the rank of 5th respondent and direct the respondents not to implicate this petitioners in false criminal cases and pass Counsel for the Petitioner(S): 1. PASALA PONNA RAO Counsel for the Respondent(S): 1. GP FOR HOME 2. NILAM SWAHNEY CEO AP 3. V V PRABHAKARA RAO 3 The Court made the following: ORDER: This Writ Petition under Article 226 of the Constitution of India, has been filed, by the Petitioners for the following relief: “ ... to issue a Writ or order or direction one in the nature of Writ Of Mandamus declaring that the actions of the respondents i) in not providing necessary police protection to the petitioners herein though there is serious life threat from ruling party petty politicians and their henchmen by acting on representation dt. 16-03-2020 at least ii) respOndent No. 6 in refusing to receive the written complaint and not registering an FIR u/ sec. 307, 325, 171-A, 171-C and 171-F of 1PC against the persons who prevented petitioners 1 to 3 from filing nominations for Devalampeta, Kalluru-1 and Reddyvaripalli MPTC constituencies respectively and tried to kill the petitioners and registering an FIR No. 20/2020 u/sec. 341, 324, 427, 506 r/w 34 'pc only as an eye wash measure and just to save the main accused iii) respondent No. 8 in threatening the 6th respondent to give/write the complaint as per their dictum to suit their convenience. iv) respondent No.7 in not protecting/rescuing the petitioners from anti social elements/petty politicians who prevented petitioners from filing nominations and tried to kill them and, riot taking any subsequent actions for conducting election process smoothly. v) in not conducting the investigation fairly/impartially and dancing to the tunes of ruling party politicians and trying to implicate this petitioners in false criminal cases as illegal, high handed, violative of Articles 14, 21, 300-A, 243-K and 243-ZA of the Constitution of India and consequently direct the respondents 2 and 3 to act upon complaint/ representation dt. 16-03-2020 and take necessary action against all the concerned including action against respondents 4 to 8 herein in accordance with law and provide necessary police protection to the petitioners herein and direct to register an FIR u/sec. 307, 325, 171-A, 171-C and 171-F of IPC against the persons who prevented petitioners 1 to 3 from filing nominations and tried to kill the petitioners and conduct the investigation fairly/impartially/independently by an officer not lesser than the rank of 5th respondent and direct the respondents not to implicate this petitioners in false criminal cases and pass ...” Today when the matter is called, none represented for the Petitioners.The earlier Docket Proceedings would show that none represented for the Petitioners. Sri V.FArooq, learned Assistant Government Pleader for Home representing respondent /State is in attendance. In that view, this Writ Petition is dismissed for non-prosecution. No order as to costs. Pending applications, if any, shall stand closed. DR.JUSTICE VENKATA JYOTHIRMAI PRATAPA Mjl/* Dinesh