APHC010662512025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3396]

(Special Original Jurisdiction)

FRIDAY, THE TWELFTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 34289/2025 Between:

1. B HUKYA PAVANI, D/O SRINU, AGED ABOUT 19 YEARS, R/O.DO.NO. 2-82, CHANDRUPTALA PEDA THANDA VISSANNAPETA MANDAL, NTR DISTRICT, ANDHRA PRADESH.

...PETITIONER AND

1. T HE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT,A.P. SECRETARIAT, AMARAVATHI . VELAGAPUDI, GUNTUR DISTRICT

2. T HE DIRECTOR GENERAL OF POLICE, ANDHRA PRADESH, MANGALAGIRI. GUNTUR DISTRICT

3. T HE COMMISSIONER OF POLICE, NTR DISTRICT, VIJAYAWADA.

KRISHNA DISTRICT

4. T HE STATION HOUSE OFFICER, VISSANNAPETA POLICE STATION, NTR DISTRICT.

5. O DITHYA SRINIVASA RAO, S/O NAGESWARA RAO AGED ABOUT

25 YEARS TATAKUNTIA THANDA, VISSANNAPETA MANDAL KRISHNA DISTRICT. ...RESPONDENT(S):

Counsel for the Petitioner: 1. K V ADITYA CHOWDARY Counsel for the Respondent(S):

1. GP FOR HOME THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 34289 of 2025

ORDER:

This Writ Petition is filed under Article 226 of Constitution of India with the following prayer:

“…to issue a Writ, Order or direction more particularly one in the nature of WRIT OF MANDAMUS to declare the action of the Respondents in invoking and applying the provisions of the POCSO Act in Crime No.101/2025 of Vissannapeta Police Station, NTR District, despite clear material that the first acts of sexual assault and sexual exploitation were committed against the petitioner when she was a minor, as illegal, arbitrary, violative of Articles 14 and 21 of the Constitution of India, and contrary to the mandatory provisions of the POCSO Act, 2012 and consequently direct the respondent police authorities to conduct a thorough, unbiased and expeditious investigation, strictly in accordance with law, by specifically taking into consideration the fact that the first acts of sexual exploitation occurred when the petitioner was a child within the meaning of Section 2(d) of the POCSO Act, and to add all relevant offences under the POCSO Act along with other appropriate penal provisions …”

2. Heard Sri K.V.Aditya Chowdary, learned counsel for the petitioner and Sri P.Ajay Babu, learned Assistant Government Pleader for Home.

3. Learned counsel for the petitioner would submit that the present petition was filed seeking a direction to the respondent police properly invoke and apply the provisions of the POCSO Act in Crime No. 101 of 2025 on the file of Vissannapeta Police Station, NTR District, inasmuch as the material on record clearly discloses that the first acts of sexual assault and sexual exploitation were committed against the petitioner when she was a minor, within the meaning of Section 2(d) of the POCSO Act. He would further submit that the petitioner has also submitted a representation dated 30.10.2025 to respondent police to that effect.

4. Learned Assistant Government Pleader for Home, on instructions, would submit that the respondent police have not received any representation from the petitioner to invoke the provisions of POCSO. He would further submit that the investigation in Crime No. 101 of 2025 on the file of Vissannapeta Police Station, NTR District, is still pending.

5. In reply, learned counsel for the petitioner would submit that the petitioner has submitted a representation to the Commissioner of Police. Be that as it may, the Crime No. 101 of 2025 on the file of Vissannapeta Police Station, NTR District, which is registered on the complaint made by the petitioner, is still under investigation.

6. In that view, this Writ Petition is disposed of. However, the respondent police are directed to look into the grievance of the petitioner and take appropriate course of action according to Governing Rules and Law. No order as to costs.

As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed.

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