Extracted from the PDF above. The PDF is authoritative.
APHC010173952019
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3368] WEDNESDAY, THE TWENTY EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX
PRESENT
THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI
WRIT PETITION NO: 7495/2019
Between:
1. GORRELA JAYA LAKSHMI, W/O LATE MURTHY HINDU, AGED ABOUT 45 YEARS, 9TH DIVISION PHIL HOUSE PETA, ELURU, WEST GODAVARI DISTRICT.
...PETITIONER
AND
1. THE STATE OF AP, REPRESENTED BY ITS PRINCIPLE SECRETARY, HOME DEPARTMENT, SECRETARIAT BUILDINGS VELAGAPUDI, AMARAVATHI. GUNTUR DISTRICT.
2. THE SUPERINTENDENT OF POLICE, WEST GODAVARI DISTRICT AT ELURU.
3. THE STATION HOUSE OFFICER, ELURU -1 TOWN POLICE STATION, ELURU WEST GODAVARI DISTRICT.
4. KAMNCHI RAMESH, S/O BABU PRASAD HINDU, AGED ABOUT 47 YEARS, OCC EXECUTIVE DIRECTOR SCHEDULE CASTE CORPORATION, ELURU, WEST GODAVARI DIST
...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 appropriate writ, order or direction more particularly one in the nature of writ of mandamus, declaring that the inaction on the part of the Respondents in not registering the Crime and not taking further action as per the provisions of Chapter XII
2 of Cr.P.0 on the Report given by the petitioner Dated 30.5.2019 to the 2nd and 3rd Respondent, is illegal, arbitrary and unconstitutional, and consequently to direct the Respondents 1 to 3 to register a Crime on a Report given by the petitioner Dated 30.5.2019 as per the provisions of Chapter XII of Cr.P.C,
IA NO: 1 OF 2019 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 Respondent NO. 3 to register a Crime on a Report given by the petitioner Dated: 30.5.2019 as per the provisions Chapter XII of Cr.P.C. forthwith, pending disposal of the main Writ petition
Counsel for the Petitioner:
1. S SYAMSUNDER RAO
Counsel for the Respondent(S):
1. GP FOR HOME (AP)
The Court made the following:
3 THE HONOURABLE SRI JUSTICE B.V.L.N.CHAKRAVARTHI
WRIT PETITION No.7495 OF 2019
ORDER:
This Writ Petition is filed under Article 226 of the Constitution of India for the following relief: <….to issue an appropriate writ, order or direction more particularly one in the nature of writ of mandamus, declaring that the inaction on the part of the Respondents in not registering the Crime and not taking further action as per the provisions of Chapter XII of Cr.P.0 on the Report given by the petitioner Dated 30.5.2019 to the 2nd and 3rd Respondent, is illegal, arbitrary and unconstitutional, and consequently to direct the Respondents 1 to 3 to register a Crime on a Report given by the petitioner Dated 30.5.2019 as per the provisions of Chapter XII of Cr.P.C, and pass…=
2. Heard learned counsel representing Sri S.Syamsundar Rao,
learned counsel for the petitioner and Sri R.Mallikarjuna Rao, learned Assistant Government Pleader for Home.
3. Learned Assistant Government Pleader for Home on written instructions would submit that police registered a case in Crime No.151 of 2019 for the offence under Section 506, 509 r/w 34 IPC and Section 3(1)(r) of SC/ST (PoA) Amendment Act, 2015 of Eluru I Town Police Station against Sri Kamanchi Ramesh, Executive Director, SC Corporation Eluru and Sri Gudipudi Kameswara Rao, Executive Officer, SC Corporation, Eluru, and conducted investigation into the case and after completion of investigation, a report was filed referring the case as 8false9 vide C.No.1905/SCST/Ref/2019, dated 23.10.2020 and the report was placed before the competent Special Court. In that view of the matter, the writ petition has become infructuous, as the same was filed on the ground that police did not register any case.
4
4. The writ petition was filed alleging that police did not register any case basing on the report presented by the writ petitioner.
5. Now the submissions made by learned Assistant Government Pleader for Home would submit that pending the writ petition, police registered a case investigated into the case and laid final report before the Special Court referring the case as false.
6. In that view of the matter, the petitioner is at liberty to approach proper forum for necessary redressal in accordance with law. With that observation the writ petition is closed at the stage of admission, without going into merits of the case. There shall be no order as to costs.
As a sequel thereto, interlocutory applications, if any, pending in this Writ Petition shall stand closed.
______________________________ JUSTICE B.V.L.N. CHAKRAVARTHI 28.01.2026 Pmk
5 39 THE HONOURABLE SRI JUSTICE B.V.L.N. CHAKRAVARTHI
WRIT PETITION No:7495 OF 2019
Date: 28.01.2026
Pmk