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2026 DAILYLAW 27783 (AP)

GOTTUMUKKALA SWARNALATHA v. THE STATE OF ANDHRA PRADESH

WP/36697/2025 · 2026-01-01

Venkata Jyothirmai Pratapa

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Judgment text

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APHC010707822025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] FRIDAY, THE SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 36697/2025 Between: 1. GOTTUMUKKALA SWARNALATHA, , W/O ARAVIND, AGED ABOUT25 YEARS, RESIDENT OF PENUMANCHILI VILLAGE, ISUKAGARUVU, ACHANTA MANDAL, WEST GODAVARI DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 2. SUPERINTENDENT OF POLICE, BHIMAVARAM, W.G. DISTRICT. 3. DY SUPERINTENDENT OF POLICE, NARASAPURAM, W. G. DISTRICT. 4. THE CIRCLE INSPECTOR OF POLICE, ACHANTA POLICE STATION, ACHANTA, W.G. DISTRICT. 5. THE STATION HOUSE OFFICER, ACHANTA POLICE STATION, ACHANTA, W.G. DISTRICT. 6. GOTTUMUKKALA ARAVIND, S/O BULLABBAI, AGED 28 YEARS, RESIDENT OF CHINAPETA, ACHANTA (V) AND. (M), W.G. DISTRICT. 7. GOTTUMUKKALA BULLABBAI, HIS FATHER'S NAME NOT KNOWN TO THIS PETITIONER, AGED ABOUT 56 YEARS, RESIDENT OF CHINAPETA, ACHANTA (V) AND (M), W.G. DISTRICT. 2 8. PULIDINDI SUPRIYA, HER HUSBAND'S NAME NOT KNOWN TO THIS PETITIONER, AGED ABOUT 25 YEARS, RESIDENT OF CHINAPETA ACHANTA (V) AND (M), W.G. DISTRICT. ' 9. GOTTUMUKKALA SRINU, HIS FATHER'S NAME NOT KNOWN TO THIS PETITIONER, AGED ABOUT 60 YEARS, RESIDENT OF CHINAPETA, ACHANTA (V) AND (M), W.G. DISTRICT. 10. GOTTUMUKKALA VINOD, , HIS FATHER'S NAME NOT KNOWN TO THIS PETITIONER, AGED ABOUT YEARS, RESIDENT OF CHINAPETA ACHANTA (V) AND (M), W.G. DISTRICT. 11. GOTTUMUKKALA RAJU, HIS FATHER'S NAME NOT KNOWN TO THIS PETITIONER, AGED ABOUT YEARS, RESIDENT OF CHINAPETA ACHANTA (V) AND (M), W.G. DISTRICT. 12. KOTA SRINU, , HIS FATHER'S NAME NOT KNOWN TO THIS PETITIONER, AGED ABOUT 35 YEARS, RESIDENT OF CHINAPETA, ACHANTA (V) AND (M), W.G. DISTRICT ...RESPONDENT(S): Counsel for the Petitioner: 1. GOWRI SANKAR CHEEKATLA Counsel for the Respondent(S): 1. GP FOR HOME 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 36697/2025 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer: “…to issue any writ, order or direction more particularly one in the nature of Writ of Mandamus to declare the action of the respondent Nos.2 to 5 especially respondent No.5 in not registering the FIR against the Respondent Nos.6 to 12 on the complaint dt.18.8.2025 given by the petitioner as illegal, arbitrary and contrary to the provisions of the Bharatiya Nagarik Suraksha Sanhita, 2023 and also violation of principles of natural justice and also violation of Article 14, 19 and Art. 21 of the Constitution of India and direct the Respondent No.5 to consequently to register the FIR basing on the complaint of the petitioner dt.18.8.2025.…” 2. Heard Sri Gowri Sankar Cheekatla, learned counsel for the petitioner and Sri P.Ajay Babu, learned Assistant Government Pleader for Home for the respondents. 3. Learned Assistant Government Pleader for Home on written instructions, would submit that earlier a case in Cr.No.27 of 2023 was registered on the complaint of the petitioner and after due investigation, charge sheet was filed which is pending on the file of the learned Judicial Magistrate of First Class, Palakol vide C.C.No.108 of 2023. Learned Assistant Government Pleader for Home would further submit that it is matrimonial dispute and a case is already pending between the parties in C.C.No.108 of 2023. It appears, the husband of the petitioner went to the house of the petitioner on 18.08.2025, the complainant made a 112 call to Achanta police 4 station. Upon receipt of the said call, police personnel immediately proceeded to the spot and enquired into the matter, counseled both the parties and advised them to pursue the matter before the Court without making any „galata‟. He would further submit that no crime has been registered on the complaint, since it is a matrimonial dispute. 4. Recording the above said submissions, this Writ Petition is disposed of. However, the petitioner is at liberty to work out her remedies before the appropriate forum according to law. No order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 02.01.2026. UPS 5 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 36697/2025 Dated.02.01.2026 UPS 142