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2026 DAILYLAW 12162 (AP)

KODURI NAGAMARUTHI v. THE STASTE OF AP

WP/407/2023 · 2026-10-05

Sunitha Gandham

body2026

Judgment text

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APHC010005942023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3604] TUESDAY, THE 6th DAY OF OCTOBER 2026 PRESENT THE HONOURABLE SMT JUSTICE SUNITHA GANDHAM WRIT PETITION NO: 407/2023 Between: 1. KODURI NAGAMARUTHI, D/O.LATE SAI BABU, AGED ABOUT 44 YEARS, OCC HOUSE WIFE, R/O. KAVURU POST, CHERUKUPALLI MANDAL, GUNTUR DISTRICT. ...PETITIONER AND 1. THE STASTE OF AP, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF HOME, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 2. THE SUPERINTENDENT OF POLICE, GUNTUR (URBAN) DISTRICT, GUNTUR. 3. THE DEPUTY SUPERINTENDENT OF POLICE, GUNTUR URBAN, GUNTUR. 4. THE STATION HOUSE OFFICER, , KAKUMANU POLICE STATION, KAKUMANU, GUNTUR DISTRICT. 5. KAKA SAMBAIAH KAKA SAMBA SIVA RAO, S/O.LAKSHMI NARAYANA, AGED ABOUT 58 YEARS, OCC AGRICULTURE, R/O. DOOR NO.9-112, KONDAPATURU VILLAGE, KAKUMANU MANDAL, GUNTUR 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 topleased to issue a writ, order or direction more particularly one in 2 nature of Writ of Mandamus declaring the inaction on the part of the respondent No.2 to 4 in considering my representation, dated 14-01-2022 and 10-05-2022 thorough which I has requested the respondents No.2 to 4 to open Rowdy sheet against the respondent No.5 since the respondent No.5 is involved in eight crimes and also a bind over case in Cr.No.235/2019, dated 11-07-2019 which was filed by me ie., Cr.No.72/2016, Cr.No.87/2018,Cr.No.19/2019, Cr.No.119/2019, Cr.No.122/2021, Cr.No.2/2022, Cr.No.36/2022, Cr.No.51/2022 on the file of the Kakumanu Police station, Kakumanu, Guntur District as arbitrary, illegal, abdication of statutory duty caste on them, apart from being violate of the fundamental rights guaranteed to me under Articles 14, 19 and 21 of the Constitution of India and consequently direct the respondents No.2 to 4 to open Rowdy Sheet against the respondent No.5 and take serious action against the respondent No.5 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 pleased to direct the respondent No.2 to 4 to consider the representations, dated 14-01-2022 and 10-05-2022 and take appropriate action on the same, pending disposal of the above Writ Petition and pass such other order or orders as are deemed fit and proper in the circumstances of the case. Counsel for the Petitioner: 1. Counsel for the Petitioner: 1. P V N KIRAN KUMAR Counsel for the Respondent(S): 1. GP FOR HOME 2. DEVI PRASAD MANGALAPURI The Court made the following: 3 THE HONOURABLE SMT JUSTICE SUNITHA GANDHAM WRIT PETITION NO: 407/2023 ORDER: 1. Heard learned counsel for the petitioner as well as learned Assistant Government Pleader for Home. 2. This petition is filed by the petitioner stating that he had given representations to the Respondent Nos.2 to 4 dated 14.01.2022 and 10.05.2022 so as to open Rowdy Sheet against Respondent No.5 as he has involved in eight (08) crimes and also bind over the case in Cr.Nos.235 of 2019, 72 of 2016, 87 of 2018, 19 of 2019, 119 of 2019, 122 of 2021, 02 of 2022, 36 of 2022 and 51 of 2022 on the file of Kakumanu Police Station and his representations are not considered by the respondent police. 3. Learned Assistant Government Pleader for Home submitted that they have filed counter which clearly reveals that there are civil disputes among the Petitioner as well as Respondent No.5 and the Respondent Police invariably have to follow the Standing Orders 601 of the A.P. Police Manual and if there is any material against the Respondent No.5, Respondent Police would definitely proceed in accordance with law and that the petitioner is no way concerned to request the Respondent Police to open Rowdy Sheet against Respondent No.5. 4. Recorded the said submissions of the learned Assistant Government Pleader for Home. This Court is also of the considered view that opening and continuing Rowdy Sheet against any of the person as per Standing Orders 4 601 of the A.P. Police Manual is absolute right of the Respondent Police. It is needless to say that if the person who is none other than the Defacto- complainant in Cr.No.235 of 2019, he can approach the Respondent Police and express his grievance. Learned counsel for the petitioner also fairly conceded to dispose this writ petition with that observations. 5. With the above mentioned observations, this Writ Petition is disposed of. There shall be no order as to costs. As a sequel, Miscellaneous petitions, if any pending, shall stand closed. ___________________ SUNITHA GANDHAM,J Date: 06.10.2026 SSA 5 40 THE HONOURABLE SMT JUSTICE SUNITHA GANDHAM WRIT PETITION NO: 407/2023 Date: 06.10.2026 SSA