APHC010231832024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] MONDAY,THE TWENTY SEVENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 11719/2024 Between: 1. VADDI PRIYANKA, W/O.PAVAN KUMAR CHANDRASEKHAR, D/O.SURENDRA NAIDU VADDI, HINDU, AGED ABOUT 28 YEARS, R/O.G-1, G-2, BALAJI AVENUE, INDIRA NAGAR, NEAR ISKON CITY, SPSR NELLORE DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPLE SECRETARY (HOME) DEPARTMENT, SECRETARIAT BUILDING, VELGAPUDI, GUNTUR DISTRICT. 2. THE SUPERINTENDENT OF POLICE, SPSR NELLORE DISTRICT. 3. THE SUB DIVISIONAL OFFICER DSP, URBAN, NELLORE CITY, DARGAMITTA, NEAR RAJA RAJESWARI TEMPLE, NELLORE, SPSR NELLORE DISTRICT. 4. THE STATION HOUSE OFFICER, I TOWN P.S, NELLORE, SPSR NELLORE DISTRICT. 5. SMT KUSUMA HARI KUMAR, W/O HARI KUMAR AGED ABOUT 35 YEARS, R/O 2ND STREET 18TH CROSS MAIN ROAD BTM LAY OUT BANGALORE CITY KARNATAKA STATE. ...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 2 pleased tomay be pleased to issue an appropriate writ more particularly one in the nature of writ of mandamus declaring the action on the part of the respondents 2 to 4 herein in leaving respondent No. 5 though taken into custody on 13-02-2024 at about 12.30 Pm in Crime No. 215/2023 without any bail order further without any justifiable reasons and inspite of the E-Mail dated 14-02-2024 legal Notices dated 20-02-2024 11-03-2024 made by the petitioner as illegal, arbitrary, opposed to the established principles of law and consequently direct the 2nd respondent herein to take immediate appropriate action as against the persons / Police Officials, responsible for not arresting and producing the respondent No. 5 before the concerned court though taken into custody on 13-02-2024 in Crime No. 215/2023 and pass IA NO: 1 OF 2024 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 May be pleased to direct the respondent No. 2 herein to consider the E-Mail dated 14-02-2024 and the Legal Notices / Representations made by the petitioner dated 20-02-2024, 11-03- 2024 by taking immediate appropriate action as against the persons / Police Officials, responsible for not arresting and producing the respondent No. 5 before the concerned court though taken into custody on 13-02-2024 in Crime No. 215/2023 in accordance with law and pass Counsel for the Petitioner: 1. K PALLAVI Counsel for the Respondent(S): 1. GP FOR HOME The Court made the following: 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 11719/2024 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “…to issue an appropriate writ more particularly one in the nature of writ of mandamus declaring the action on the part of the respondents 2 to 4 herein in leaving respondent No. 5 though taken into custody on 13-02-2024 at about 12.30 Pm in Crime No. 215/2023 without any bail order further without any justifiable reasons and inspite of the E- Mail dated 14-02-2024 legal Notices dated 20-02-2024, 11-03-2024 made by the petitioner as illegal, arbitrary, opposed to the established principles of law and consequently direct the 2nd respondent herein to take immediate appropriate action as against the persons / Police Officials, responsible for not arresting and producing the respondent No. 5 before the concerned court though taken into custody on 13- 02-2024 in Crime No. 215/2023…” 2. Heard Ms.K.Pallavi, learned counsel for the petitioner and Sri V.Farook, learned Assistant Government Pleader for Home. 3. Learned Assistant Government Pleader for Home would submit that respondent No.5 herein filed Crl.P.No.1635 of 2025 seeking quashment of the case against her, wherein a Coordinate Bench of this Court directed the Police not to take any coercive steps against the petitioner. Learned Assistant Government Pleader would further submit that petition may be disposed of since the order is in force. He would further submit that the petitioner herein filed the present petition challenging the in action of the Police in not arresting respondent No.5 in Crime No.215 of 2023. 4. Considering the submissions made, when a crime is registered and the matter is pending for investigation, it is for the Investigating Officer to take appropriate decision over the matter regarding the arrest of the accused. More 4 so, a Coordinate Bench of this Court in Crl.P.No.1635 of 2025 directed the Police not to take any coercive steps against respondent No.5 herein. Viewed from any angle, this Court does not find any force in the contentions made in this petition. 5. Accordingly, the Writ Petition is disposed of. No costs As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATAJYOTHIRMAI PRATAPA Date: 27.10.2025 JLV 5 353 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.11719of 2025 Dated: 27.10.2025 JLV