Extracted from the PDF above. The PDF is authoritative.
APHC010471382025
IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) THURSDAY,THE NINTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: Between:
1. K. Pravallika,, W/o. K. Vijay Kumar, aged about 32 years, R/o D.No.12 Chinmaya Nagar, Rapthadu Mandal, Anantapur District, Andhra Pradesh
1. State of Andhra Pradesh, rep. by its Principal Secretary, Home Department, Secretariat, Velagapudi, Amaravathi. 2. The Superintendent of Police, Anantapur District. 3. The Deputy Superintendent of Police, , Rapthadu Division Anantapur District. 4. The Station House Officer, Rapthadu Police Station, Rapthadu Mandal, Anantapur District. 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 and Writ of Mandamus declaring the action of the 4th respondent-Station House Offic the offences under Sec. 307 BNS and the provisions of SC/ST (Prevention of Atrocities) Act, 2015, despite the complaint clearly disclosing such offences, 1 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY,THE NINTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 27719 OF 2025
1. K. Pravallika,, W/o. K. Vijay Kumar, aged about 32 years, R/o D.No.12 Chinmaya Nagar, Rapthadu Mandal, Anantapur District, Andhra Pradesh ...Petitioner AND
1. State of Andhra Pradesh, rep. by its Principal Secretary, Home Department, Secretariat, Velagapudi, Amaravathi. 2. The Superintendent of Police, Anantapur District. 3. The Deputy Superintendent of Police, , Rapthadu Division Anantapur
4. The Station House Officer, Rapthadu Police Station, Rapthadu Mandal, ...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 and Writ of Mandamus declaring the action of the 4th Station House Officer, Rapthadu Police Station, in not registering the offences under Sec. 307 BNS and the provisions of SC/ST (Prevention of Atrocities) Act, 2015, despite the complaint clearly disclosing such offences, IN THE HIGH COURT OF ANDHRA PRADESH
THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA
1. K. Pravallika,, W/o. K. Vijay Kumar, aged about 32 years, R/o D.No.12-31, Chinmaya Nagar, Rapthadu Mandal, Anantapur District, Andhra Pradesh ...Petitioner
1. State of Andhra Pradesh, rep. by its Principal Secretary, Home
3. The Deputy Superintendent of Police, , Rapthadu Division Anantapur
4.
The Station House Officer, Rapthadu Police Station, Rapthadu Mandal, ...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 and Writ of Mandamus declaring the action of the 4th er, Rapthadu Police Station, in not registering the offences under Sec. 307 BNS and the provisions of SC/ST (Prevention of Atrocities) Act, 2015, despite the complaint clearly disclosing such offences,
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as illegal, arbitrary and unconstitutional and Consequently direct the respondents to register and investigate the case under proper provisions of law, including Sec. 307 BNS and provisions of SC/ST Act, against the accused persons forthwith and pass IA NO: 1 OF 2025 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 pleased to direct the respondent No. 4 to conduct proper enquiry and implement the sections which was mentioned pending disposal of the above writ petition and pass Counsel for the Petitioner: Yadlapalli Sitharamanjaneyulu Counsel for the Respondents: GP FOR HOME The Court made the following order:
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THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO.27719OF 2025 ORDER:
This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for:
“…may be pleased may be pleased to Issue a Writ of Mandamus declaring the action of the 4th respondent-Station House Officer, Rapthadu Police Station, in not registering the offences under Sec. 307 BNS and the provisions of SC/ST (Prevention of Atrocities) Act, 2015, despite the complaint clearly disclosing such offences, as illegal, arbitrary and unconstitutional and Consequently direct the respondents to register and investigate the case under proper provisions of law, including Sec. 307 BNS and provisions of SC/ST Act against the accused persons forthwith and pass such other order or orders as this Hon'ble Court may deem it and proper in the facts and circumstances of the case.”
2. Heard Sri Sitharamanjaneyulu, learned counsel for the petitioner, and Sri V. Farooq, learned Assistant Government Pleader for Home. 3.
The case of the petitioner is that she lodged a complaint before the 4th respondent–Station House Officer, Rapthadu Police Station, on 07.09.2024, alleging that certain accused persons trespassed into her house, abused her husband by taking his caste name, assaulted the petitioner, her husband, and sister, damaged the CCTV cameras, and threatened them with dire consequences. The petitioner contends that despite the allegations clearly disclosing offences punishable under Section 307 BNS and provisions
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of the SC/ST (Prevention of Atrocities) Act, the police failed to register those offences. 4. The learned Assistant Government Pleader, on instructions, submits that based on the petitioner’s complaint, the 4threspondent registered a case in Crime No.128/2024 for the offences under Sections 329(4), 324(4), 115(2), 351(2), 74 BNS read with 3(5) BNS and Sections 3(1)(r)(s) of the SC/ST (Prevention of Atrocities) Act, 2015, and investigation is in progress. It is further submitted that the case is presently under investigation by the Deputy Superintendent of Police, Anantapur, and the seized CCTV DVR has been sent for FSL examination. It is contended that the petitioner’s allegation that the SC/ST Act was not invoked is incorrect and that inclusion of Section 307 BNS is concerned, the investigation is pending, the person who is making investigation may take a decision. 5. Having considered the submissions made on either side and on perusal of the record, it is clear that a crime has already been registered based on the complaint of the petitioner, including the relevant provisions of the SC/ST Act. 6. Accordingly, the 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 VENKATAJYOTHIRMAI PRATAPA Date: 09.10.2025 KKV
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HON’BLE DR. JUSTICE VENKATAJYOTHIRMAI PRATAPA
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W.P.No.27719 of 2025
Date: 09.10.2025 KKV