APHC010135272021 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) WEDNESDAY,THE FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO: 7784/2021 Between: 1. SMT. MAHAMMAD HABIBUNNISA,, W/O. LATE HUSSAIN KHAN, AGED 50 YEARS, OCC HOUSEWIFE, RESIDENT OF H.NO.1 BABA NAGAR, KARAGRAHARAM, MACHILIPATNAM, KRISHNA DISTRICT, ANDHRA PRADESH. 1. THE STATE OF ANDHRA PRADESH, REP. SECRETARY, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT, ANDHRA PRADESH. 2. THE SUPERINTENDENT OF POLICE, KRISHNA DISTRICT ATMACHILIPATNAM. 3. THE DY SUPERINTENDENT OF POLICE, KRISHNA DISTRICT AT MACHILIPATNAM. 4. THE STATION HOUSE OFFICER, INAGUDURU POLICE STATION, KRISHNA 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 to issue a Order, Direction or Writ, more particularly Writ of Mandamus, declaring the action of the respondents, particularly the 4th respondent in not investigating the Crime No.1 of 2021 registered Under Section 174 Cr.P.0 without cons 1 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY,THE FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO: 7784/2021 SMT. MAHAMMAD HABIBUNNISA,, W/O. LATE HUSSAIN KHAN, AGED 50 YEARS, OCC HOUSEWIFE, RESIDENT OF H.NO.1 BABA NAGAR, KARAGRAHARAM, MACHILIPATNAM, KRISHNA DISTRICT, ANDHRA PRADESH. ...PETITIONER AND THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT, ANDHRA PRADESH. THE SUPERINTENDENT OF POLICE, KRISHNA DISTRICT ATMACHILIPATNAM. THE DY SUPERINTENDENT OF POLICE, KRISHNA DISTRICT AT THE STATION HOUSE OFFICER, INAGUDURU POLICE STATION, ...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 Order, Direction or Writ, more particularly Writ of Mandamus, declaring the action of the respondents, particularly the 4th respondent in not investigating the Crime No.1 of 2021 registered Under Section 174 Cr.P.0 without considering the representation of the petitioner IN THE HIGH COURT OF ANDHRA PRADESH [3521] THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO SMT. MAHAMMAD HABIBUNNISA,, W/O. LATE HUSSAIN KHAN, AGED 50 YEARS, OCC HOUSEWIFE, RESIDENT OF H.NO.1-85, BABA NAGAR, KARAGRAHARAM, MACHILIPATNAM, KRISHNA ...PETITIONER BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, THE SUPERINTENDENT OF POLICE, KRISHNA DISTRICT THE DY SUPERINTENDENT OF POLICE, KRISHNA DISTRICT AT THE STATION HOUSE OFFICER, INAGUDURU POLICE STATION, ...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 Order, Direction or Writ, more particularly Writ of Mandamus, declaring the action of the respondents, particularly the 4th respondent in not investigating the Crime No.1 of 2021 registered Under idering the representation of the petitioner 2 dt.16.02.2021 in a proper line and not taking action in accordance with law as illegal arbitrary, against the provisions of IPC and Cr.PC and against the settled principles of law and consequently direct the respondents to consider the representation dt.16.02.2021 of the petitioner and arrest the accused and amend the provision of law from Sec.174 Cr.PC to 302 IPC and take action in accordance with lawand pass IA NO: 1 OF 2021 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 respondents 2 to 3 to consider the representation dt 16- 02-2021 of the petitioner and arrest the accused and amend the provision of law from Sec 174 Cr.PC to 302 IPC and take action in accordance with law pending disposal of the main petition and pas Counsel for the Petitioner: 1. KALLA TULASI DURGAMBA Counsel for the Respondent(S): 1. GP FOR HOME The Court made the following: 3 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO: 7784/2021 ORDER: The Writ Petition has been filed under Article 226 of the Constitution of India seeking the following relief: “… to declare declaring the action of the respondents, particularly the 4th respondent in not investigating the Crime No.1 of 2021 registered Under Section 174 Cr.P.C without considering the representation of the petitioner dt.16.02.2021 in a proper line and not taking action in accordance with law as illegal arbitrary, against the provisions of IPC and Cr.PC and against the settled principles of law and consequently direct the respondents to consider the representation dt.16.02.2021 of the petitioner and arrest the accused and amend the provision of law from Sec.174 Cr.PC to 302 IPC and take action in accordance with law and pass….” 2. Heard Ms. Kalla Tulasi Durgamba, learned counsel for the petitioner, and Sri P. Ajay Babu, learned Assistant Government Pleader for Home. 3. The learned counsel for the petitioner submits that the representation/complaint dated 16.02.2021 submitted by the petitioner was not properly considered by the respondents and that no effective investigation was conducted in Crime No.1 of 2021 on the file of Inaguduru Police Station, Krishna District. 4. On the other hand, Sri P. Ajay Babu, learned Assistant Government Pleader for Home, on written instructions, submits that 4 Crime No.01 of 2021 was initially registered under Section 174 Cr.P.C. and, upon investigation, the same culminated into charge sheet in P.R.C. No.17 of 2024, dated 23.11.2024, for the alleged offences punishable under Sections 498-A and 306 IPC. 5. In view of the above submission, the request for consideration of the petitioner’s representation dated 16.02.2021 does not survive for consideration. If the petitioner is aggrieved or disappointed with the findings of the Investigating Officer, the petitioner is at liberty to approach the jurisdictional Magistrate by filing a protest petition under Section 190 read with Section 200 Cr.P.C. and Section 210 read with Section 223 of the BNSS, if so advised. 6. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, Miscellaneous petitions, if any pending, shall stand closed. _________________________ DR. Y. LAKSHMANA RAO, J Date: 04.02.2026 KKV