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High Court of Andhra Pradesh · body

2025 DAILYLAW 56381 (AP)

B.Janaki, v. The State of Andhra Pradesh,

WP/8221/2024 · 2025-12-08

Venkata Jyothirmai Pratapa

body2025

Judgment text

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APHC010161332024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY,THE NINTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 8221/2024 Between: 1. B.JANAKI,, W/O SIVA KUMAR, AGED ABOUT 35 YEARS, R/O CHINNA GANJAM VILLAGE, BAPATLA DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT, VELLAGAPUDI, AMARAVATHI,GUNTUR DISTRICT. 2. THE DIRECTOR GENERAL OF POLICE, STATE OF ANDHRA PRADESH, MANGALAGIRI, GUNTUR DISTRICT. 3. THE SUPERINDENT OF POLICE, NARASARAOPETA, PALNADU DISTRICT. 4. THE DEPUTY SUPERINDENT OF POLICE, GURAZALA, PALNADU DISTRICT. 5. THE STATION HOUSE OFFICER, DACHEPALLI POLICE STATION, DACHEPALLI, PALNADU DISTRICT. 6. VENKATA NAYAK, S/O.NOT KNOWN TO THE PETITIONER, OCC.POLICE CONSTABLE, GURAZALA POLICE STATION, GURAZALA, PALNADU 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 appropriate writ or direction more particularly one in the nature of writ of Mandamus impugned action of the respondents in not considering and disposing of the representation dt. 04- 10-2023 as arbitrary, illegal, colourable exercise of power and violative of Art. 300 of Constitution of India and consequentially direct the respondents to return the gold ornaments 1. Finger Ring 2. Chain (Long) 3. Chain Economy to the petitoner and to pass Counsel for the Petitioner: 1. PETA GNANA TEJA Counsel for the Respondent(S): 1. GP FOR HOME 2 The Court made the following: ORDER: This Writ Petition under Article 226 of the Constitution of India, has been filed, by the Petitioner for the following relief: “ ... to issue appropriate writ or direction more particularly one in the nature of writ of Mandamus impugned action of the respondents in not considering and disposing of the representation dt.04.10.2023 as arbitrary, illegal, colourable exercise of power and violative of Article 300 of Constitution of India and consequentially direct the respondents to return the gold ornaments 1. Finger Ring 2. Chain (Long) 3. Chain Economy to the petitioner and to pass ...” Heard learned counsel for the Petitioner, who appeared in virtual mode and Learned Assistant Government Pleader for Home representing for respondent State. Perused the material on record. Learned counsel for Petitioner would submit that basing on the complaint of the Petitioner, Crime No.218 of 2022 was registered and during investigation, respondent Police recovered gold ornaments from the accused. The Petitioner submitted representation to the respondent Police seeking return of ornaments. Learned Assistant Government Pleader placed on record written instructions and would submit that basing on the complaint given by the Petitioner, a case in Crime No.218 of 2022 was registered by respondent authorities and it is a case of theft of gold ornaments and pledging the same with the finance company and requested to dispose of the Writ Petition by passing appropriate orders. 3 Considering the submissions, since there is a statutory remedy available to the Petitioner under BNSS, 2023, Petitioner is at liberty to work out the remedy before appropriate forum according to law. Accordingly, this Writ Petition is disposed of. No order as to costs. Pending applications, if any, shall stand closed. DR.JUSTICE VENKATA JYOTHIRMAI PRATAPA Mjl/* 09.12.2025 4 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA Writ Petition No. 8221 of 2024 09.12.2025 Mjl /*