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2025 DAILYLAW 56605 (AP)

P RAJASEKHAR v. THE STATE OF ANDHRA PRADESH

WP/18925/2023 · 2025-12-03

Venkata Jyothirmai Pratapa

body2025

Judgment text

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APHC010366322023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY,THE FOURTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 18925 OF 2023 Between: 1. P RAJASEKHAR, S/o. P. Mohan Rao, Aged 34 years, R/o.H.No.3-11-26/1, Thota Vari Street, Ramachandra Peta, Kakinada, Kakinada, East Godavari District ...Petitioner AND 1. THE STATE OF ANDHRA PRADESH, Represented by its Principal Secretary, Home Department, Secretariat Buildings at Velagapudi, Amaravathi, Guntur District. 2. The Superintendent of Police, East Godavari District, Kakinada. 3. The Deputy Superintendent of Police, SC and ST Cell -I, Kakinada, East Godavari District. 4. The Station House Officer, II Town L AND O PS, Kakinada, East Godavari District. 5. Shaik Mohinuddin, S/o. Sk. Ali, Occ Scrap Business, Aged 55 years, R/o H.No.15-7a-12, G3, Vijaya Residency, Behind KMC, Venkataratnapuram, Kakinada, East Godavari District-533001 ...Respondents 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 topleased to issue a writ or order or direction more particularly one in the nature of writ of mandamus declaring the impugned high-handed action of the respondents herein more particularly Respondent Nos.2 AND 4 in not taking action with respect to the petitioner's complaint dated 21.06.2023 against Respondent No.5 and not granting protection to the petitioner's life and personal liberty despite off the imminent threat from Respondent No.5 as highly illegal, arbitrary, unconstitutional, unjust and violative of Principles of Natural Justice and violative of Article 14, 19 and 21 of the Constitution of India and against the guidelines laid down by the Hon'ble Supreme Court and against the true and letter spirit of The Schedule Caste and Schedule Tribes(Prevention of Atrocities) Act, 1989, consequentially direct the respondents herein to take action with respect to the petitioner's complaint dated 21.06.2023 against Respondent No.5 and grant protection to the petitioner's life and personal liberty and pass IA NO: 1 OF 2023 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 be pleased to direct the respondents herein to take action with respect to the petitioner's complaint dated 21.06.2023 against Respondent No.5 and grant protection to the petitioner's life and personal liberty pending disposal of the above writ petition and pass Counsel for the Petitioner: S V INDIRA Counsel for the Respondents: GP FOR HOME THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 18925 OF 2023 The Court made the following order: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “…pleased to issue a writ or order or direction more particularly one in the nature of writ of mandamus declaring the impugned high-handed action of the respondents herein more particularly Respondent Nos.2 & 4 in not taking action with respect to the petitioner's complaint dated 21.06.2023 against Respondent No.5 and not granting protection to the petitioner's life and personal liberty despite off the imminent threat from Respondent No.5 as highly illegal, arbitrary, unconstitutional, unjust and violative of Principles of Natural Justice and violative of Article 14, 19 and 21 of the Constitution of India and against the guidelines laid down by the Hon'ble Supreme Court and against the true and letter spirit of The Schedule Caste and Schedule Tribes(Prevention of Atrocities) Act, 1989, consequentially direct the respondents herein to take action with respect to the petitioner's complaint dated 21.06.2023 against Respondent No.5 and grant protection to the petitioner's life and personal liberty and pass such other order or orders…” 2. Heard learned counsel for the petitioner and Mr. V Farooq, learned Assistant Government Pleader for Home representing the respondents. 3. When the matter is taken up for hearing, Sri V.Farooq, learned Assistant Government Pleader for Home for the respondents, on written instructions, brought to the notice of this Court that basing on the complaint of the petitioner a crime was registered in Cr.No.177 of 2023 under Sections 420, 506 r/w 34 IPC, 3(1)(r), 3(1)(s), 3(2)(v) SC ST POA Act on the file of Kakinada II Town Police Station against the unofficial respondent. 5. Recording the above said submissions, this Writ Petition is disposed of. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 04.12.2025 Ksj