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2025 DAILYLAW 58766 (AP)

DANDE JNANASUNDARI v. THE STATE OF ANDHRA PRADESH

WP/31427/2025 · 2025-11-19

Venkata Jyothirmai Pratapa

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 APHC010608902025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY, THE TWENTIETH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 31427/2025 Between: 1. DANDE JNANASUNDARI, W/O. VENKATESWARA RAO, AGED ABOUT 42 YEARS, R/O. D.NO.2-96, MAIN ROAD, ATCHUTAPURAM, PARIMPUDI, WEST GODAVARI DISTRICT, ANDHRA PRADESH - 534312. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT BUILDINGS VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, ELURU DISTRICT. 3. THE DIRECTOR GENERAL OF POLICE, MANGALAGIRI, GUNTUR DISTRICT. 4. THE DEPUTY INSPECTOR GENERAL OF POLICE, ELURU RANGE, ELURU DISTRICT. 5. THE SUPERINTENDENT OF POLICE, ELURU DISTRICT. 6. THE DEPUTY SUPERINTENDENT OF POLICE, KOVVURU DIVISION, ELURU DISTRICT. 7. THE CIRCLE INSPECTOR OF POLICE, DWARAKA TIRUMALA, ELURU DISTRICT. 8. THE SUBINSPECTOR OF POLICE, DWARAKA TIRUMALA, ELURU 2 DISTRICT. 9. THE STATION HOUSE OFFICER, DWARAKA TIRUMALA, ELURU 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 an order, direction or writ, more particularly one in the nature of writ of Mandamus, declaring the action of the respondents in (i) closing the investigation in FIR No.62 of 2025 dated 10.03.2025 as a mistake of fact without following the due procedure contemplated under the provisions of the Bharatiya Nagarika Suraksha Sanhitha, 2023, and (ii) recording my caste as SC (Christian) in the FIR despite production of a valid caste certificate showing me as SC Mala (Hindu), as illegal, arbitrary, violative of natural justice and unconstitutional, and consequently direct the respondents to transmit the entire case record pertaining to FIR No.62 of 2025 dated 10.03.2025 to the jurisdictional Magistrate for further action as per law by Correcting the caste entry in the FIR from SC (Christian) to SC Mala (Hindu), 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 to direct the respondents to correct the caste entry in FIR No.62 of 2025 dated 10.03.2025 from SC (Christian) to SC Mala (Hindu), and pass Counsel for the Petitioner: 1. VINOD KUMAR PEMMASANI Counsel for the Respondent(S): 1. GP FOR HOME 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 31427 of 2025 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “…to issue an order, direction or writ, more particularly one in the nature of writ of Mandamus, declaring the action of the respondents in (i) closing the investigation in FIR No.62 of 2025 dated 10.03.2025 as a „mistake of fact‟ without following the due procedure contemplated under the provisions of the Bharatiya Nagarika Suraksha Sanhitha, 2023, and (ii) recording my caste as SC (Christian) in the FIR despite production of a valid caste certificate showing me as SC Mala (Hindu), as illegal, arbitrary, violative of natural justice and unconstitutional, and consequently direct the respondents to transmit the entire case record pertaining to FIR No.62 of 2025 dated 10.03.2025 to the jurisdictional Magistrate for further action as per law by Correcting the caste entry in the FIR from SC (Christian) to SC Mala (Hindu), and pass..…” 2. Heard Sri P.Vinod Kumar, learned Counsel for the Petitioner and Sri V.Farook, learned Assistant Government Pleader for Home for the Respondents. 3. Learned Assistant Government Pleader for Home, on written instructions, would submit that the referring of caste of the Petitioner in the FIR as ‘Christian’ is only an inadvertent clerical error in the online FIR portal without any bearing on the investigation. Learned Assistant Government Pleader for Home brought to the notice of this Court that they have done investigation thoroughly and they have come to the conclusion that the case is false. They have initiated the process of closure of the case as false after 4 conducting fair investigation which revealed that there is no prima facie material against the Accused. 4. Recording the same, this Writ Petition is disposed of. However, the Respondent-Police are directed to issue notice to the de-facto complainant while referring the case as false, before filing such report before the concerned Court, so that the Petitioner can work out her remedy before the appropriate forum according to law. 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: 20.11.2025. UPS 5 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.31427 of 2025 Dated.20.11.2025 UPS 118