2024 Supreme(Online)(AP) 18109
2024:APHC:48100 APHC010512702024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3396]
(Special Original Jurisdiction)
MONDAY ,THE TWENTY FIFTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SMT JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 27109/2024 Between:
Malli Mallikarjuna ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S)
Counsel for the Petitioner:
1. GUTTALA B SUBRAHMANYAM Counsel for the Respondent(S):
1. GP FOR HOME The Court made the following:
ORDER:
This Writ Petition is filed under Article 226 of Constitution of India with the following prayer:
“….may be pleased to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents especially Respondents No.2 to 4 in not taking any action pursuant to the representation dated 13.09.2024 for providing police protection to the petitioner while attending the court proceedings in C.C.No.850 of 2022 pending on the file Hon’ble Addl. Judicial Magistrate of First Class, Anantapuram and Proceedings in F.C.O.P No.46 of 2023 on the file of Family Court cum VII Additional District Judge, Anantapuram as being arbitrary, illegal, unfair and violative of Article 14 and 300-A of Constitution of India consequently direct the Respondents 2 to 4 herein to provide police protection to the petitioner herein from the respondents No.5 to 11 while attending the court proceedings in C.C No.850 of 2022 pending on the file Hon’ble Addl. Judicial Magistrate Of First Class, Anatapuram and Proceedings in F.C.O.P No.46 of 2023 on the file of Family Court cum VII Additional District Judge, Anantapuram and to pass… ”
2. Heard Sri Guttala B.Subrahmanyam , learned counsel for the petitioner and Sri V.Farook, learned Assistant Government Pleader for Home.
3. Learned counsel for the petitioner would submit that the petitioner is an accused and the un-official respondents 5 to 11 are his wife and her family members. Petitioner is facing a trial in C.C.No.850 of 2022 on the file of Additional Judicial Magistrate of First Class, Ananthapuram for the offences punishable under Sections 498-A and 420 IPC and Sections 3 and 4 of Dowry Prohibition Act. Learned Counsel further would submit that respondent No.5 filed F.C.O.P.No.46 of 2023 on the file of Family Court-cum-VII Additional District Judge, Ananthapuram seeking maintenance. The grievance of the petitioner is that while he was attending the Court hearings, respondents 5 to 11 are threatening him with dire consequences. Learned Counsel would further submit that inspite of his representation, police are not registering the case against respondents No.5 to 11.
4. Learned Assistant Government Pleader would submit that since the criminal case is pending before the learned Magistrate Court, if the petitioner has any grievance, he can bring it to the notice of the Court. Petitioner is facing a criminal case apart from the Maintenance Case lodged by his wife.
Learned Assistant Government Pleader would further submit that Court may pass appropriate orders.
5. In the light of the submissions made and in the facts and circumstances of the present case, the present writ petition is disposed of, leaving it open to the petitioner to bring it to the notice of the Court his grievance in C.C.No.850 of 2022 on the file of Additional Judicial Magistrate of First Class, Ananthapuram and the learned trial Judge may take appropriate decision according to law. There shall be no order as to costs.
As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed.
_____________________________________ JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 25.11.2024 SJ HON’BLE SMT. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.27109 of 2024 Dt.25.11.2024 SJ
27310 pleased to issue a Writ One in the nature of a Writ of Mandamus under Article 226 of the Constitution of India declaring the inaction of the respondents in carrying out investigation in proper perspective and effective manner by arresting the persons involved in Cr No 737 of 2022on the file of Nallapadu Police Station Guntur City though petitioner made complaint by mentioning specific averments and names in complaint dated 15 07 2022 and not filed charge sheet even the petitioner approached several times before the respondents as illegal arbitrary and violative of Article 14 21 of the Constitution of India and consequently direct the respondents 2 to 4 to complete the investigation in a fair and proper manner by takin