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BHUPATHIRAJU MADHU v. THE STATE OF ANDHRA PRADESH

Andhra Pradesh High Court

Jan 10, 2025

Judgment

Subsequent
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CaseIQ

IN THE HIGH COURT OF ANDHRA PRADESH :: AMARA^^If^^ (Specia!_OriglnalJurisdiction)

FRIDAY, THE TENTH DAY OF JANUARY

TWO THOUSAND AND TWENTY FIVE

3o o

PRESENT

HON'BLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA /

WRIT PETITION NO: 935 OF 2025

Between;

1. Bhupathiraju Madhu, W/o Udaya Sekhar Raju, Hindu, Age 38 years, Occ; Housewife, R/c. Flat No. 501, Pent House, Geetha Homes, Vamsi Krishna Nagar, Bhimavaram, West Godavari District.

2. Bhupathiraju Gagan Venkat Lalith Krish Varma, S/o. Uday Sekhar Raju, Aged 4 years, Occ: Student, Being Minor, Rep. by Mother ^Smt. Bhupathiraju Madhu W/o Udaya Sekhar Raju, Hindu, Female, Age 38 years Flat No. 501, Pent House, Geetha Homes, Vamsi Krishna Nagar, Bhimavaram, West Godavari District.

...PETITIONERS

AND

1. The State of Andhra Pradesh, Rep by its Principal Secretary, Department of Home, A P Secretariat, Velagapudi, Amaravathi,

Guntur District.

2. . The Superintendent of Police, West Godavari District,

Bhimavaram

3. The Station House Officer, 11 Town PS Bhimavaram, ^WestGodavari District.

4. Bhupathiraju Uday Sekhar Raju, S/o. Ramakrishnam Raju, Aged 41 years, Occ Cultivation, R/o. H.No. 1-3-8/15, Street No. 4, Near Cosmopolitan Club, Bhimavaram, West Godavari District-534202

5. Bhupathiraju Venkata Satya Ravi Kumar Raju, S/o.

Ramakrishnam Raju, Aged 42 years, R/o. H.No. 1-3-8/15, Cosmopolitan Club, Bhimavaram, West Godavari District-534202 j/

Street No.4, Near

6. Bhupathiraju Lakshmi, W/o. Venkata Satya Ravi Kumar Raju, Aged 38 years, Occ: Housewife, R/c. M No. 1-3-8/15, Street No.4, Cosmopolitan Club, Bhimavaram, West Godavari District-534202 Near

...RESPONDENTS

Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, One in the nature of a Writ of Mandamus under Article 226 of the Constitution of India declaring the action of the respondents No. 2 and 3 in not considering the petitioners representations dated 25.11.2024 and not protecting ^the^life^from^the Respondent No. 4 to 6 by taking action as illegal, arbitrary and violative of Article 14, 21 of the Constitution of India and against ^the^code^ofCriminal Procedure and consequently direct the respondent 2 and 3 to protect the petitioners life from the Respondent No. 4 to 6 and take action by consider the representation dated 25.11.2024 made by the petitioner as per law. lA NO: 1 OF 2025

Petition under Section 151 CPC is filed praying that ⁱⁿ^the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents 2 and 3 to protect the life from the Respondent No. 4 to 6 and take necessary action by considering the petitioners representation dated 25.11.2024 as per law. Counsel for the Petitioner: SRI KALE VIJAYA RAJU

Counsel for the Respondent Nos. 1 to 3: GP FOR HOME

Counsel for the Respondent Nos. 4 to 6: —

The Court made the following: ORDER

APHC010007052025

[3396]IN THE HIGH COURT OF ANDHRA

PRADESH

AT AMARAVATI

(Special Original Jurisdiction)

FRIDAY ,THE TENTH DAY OF JANUARY

TWO THOUSAND AND TWENTY FIVE

PRESENT

THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA

WRIT PETITION NO: 935/2025

Between:

1.BHUPATHIRAJU MADHU,

AGE 38 YEARS, OCC HOUSEWIFE,

HOUSE, GEETHA HOMES,

BHIMAVARAM, WEST GODAVARI DISTRICT.

2.BHUPATHIRAJU GAGAN VENKAT LALITH KRISH VARMA, S/0.

UDAY SEKHAR RAJU, AGED 4 YEARS, OCC STUDENT,

MINOR, REP. BY MOTHER SMT. BHUPATHIRAJU MADHU W/0

UDAYA SEKHAR RAJU, HINDU, FEMALE, AGE 38 YEARS FLAT NO.

PENT HOUSE, GEETHA HOMES, VAMSI KRISHNA NAGAR,

BHIMAVARAM, WEST GODAVARI DISTRICT.

W/0 UDAYA SEKHAR RAJU, HINDU, R/0. FLAT NO. 501, PENT

VAMSI KRISHNA NAGAR,

BEING

501

...PETITIONER(S)

AND

1.THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL

DEPARTMENT OF HOME, A P SECRETARIAT SECRETARY,

VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT.

2.THE SUPERINTENDENT OF POLICE, WEST GODAVARI DISTRICT

BHIMAVARAM

3.THE STATION HOUSE OFFICER, II TOWN PS

WEST GODAVARI DISTRICT.

4. BHUPATHIRAJU UDAY SEKHAR RAJU, S/0. RAMAKRISHNAM RAJU, AGED 41 YEARS, OCC CULTIVATION, R/0. H.NO.1-3-8/15,

STREET NO. 4, NEAR COSMOPOLITAN CLUB, BHIMAVARAM,

BHIMAVARAM

d² WEST GODAVARI DISTRICT-534202 5.BHUPATHIRAJU VENKaiA SATYA RAVI KUMAR RAJU, S/0. RAMAKRISHNAM RAJU, AGED 42 YEARS, R/0. H.NO.1-3-8/15,

STREET N0.4, NEAR COSMOPOLITAN CLUB BHIMAVARAM WEST

GODAVARI DISTRICT-534202

6.BHUPATHIRAJU LAKSHMI, W/0. VENKATA SATYA RAVI KUMAR R/0. H.NO.1-3-8/15,

, BHIMAVARAM.

RAJU, AGED 38 YEARS, OCC HOUSEWIFE, T

STREET N0.4, NEAR COSMOPOLITAN CLUB,

WEST GODAVARI DISTRICT-534202

...RESPONDENT(S):

Counsel for the Petitioner(S):

1.KALE VIJAYARAJU

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 ^ofIndia^with the following prayer:

"....to issue a Writ, One in the nature of a Writ of

Mandamus under Article 226 of the Constitution of India declaring the action of the respondents No. 2 and 3 in not considering the petitioners representations

dated 25.11.2024 and not protecting the life from the Respondent No. 4 to 6 by taking action as illegal, arbitrary and violative of

Article^14,²¹^of^the Constitution of India and against the code of Criminal

Procedure^and consequently direct the respondent 2 and 3 to protect ^thepetitioners^life^from the Respondent No. 4 to 6 and take action by consider ^therepresentation dated 25.11.2024 made by the petitioner as per law and pass.... Heard Sri Kale Vijaya Raju, learned counsel for the petitioners and Sri^2.

)

V.Farook, learned Assistant Government Pleader for

Home. Learned counsel for the petitioners would submit that

though^the^3. petitioner has submitted the complaint on 25.11.2024, no steps have been taken so far.

Learned Assistant Government Pleader placed written

instructions4. dated 07.01.2025 on record. It is beneficial to extract the relevant paragraphs ^from^thewritten5. instructions, which are as follows;

"....It is submitted that the petitioner lodged a complaint

before^the Station House Officer, Bhimavaram II Town Police Station

dated 29.102.204, the same was registered as Cr.No.267/2024 u/s.351(2), ¹⁰⁹^r/w³⁽⁵⁾^BNS^of Bhimavaram II Town Police Station registered against ^theunofficial respondents and 3 others. During the course of investigation ^the¹⁰examined LW-1 to 8 and recorded their detailed statements u/s.

180(3) BNSS. Further it is submitted that, basing on the confessional statements, ^the¹⁰added^the^A7 to A9. Later on30.10.2024, the 10 arrested the accused ^A1^to^A6^and^sent them remand. It is further submitted that, the 10 addressed ^aletter^to^the SDPO, Bhimavaram with a request to delete the A7 to ^A9ⁱⁿ^theabove registered crime, the said case in under investigation.

Matter stood thus, on dated 25.11.2024, the petitioner ^sent^a representation to the SHO, Bhimavaram II Town Police

Station, with a request to provide protection to her life. Basing on that, ^the^SHO,Bhimavaram^II^Town PS called the petitioner for preliminary enquiry. Further the petitioner appeared before the 3^^ respondent police station, further the 3'^^ respondent said to the petitioner, it is not possible to provide protection around the clock and further advised the petitioner as and when required the protection, police will provide necessary protection her..."

In that view, this Writ Petition is disposed of, directing the police to consider the representation dated 25.11.2024, by following due process of law. There shall be no order as to costs.

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

Sd/-P. VINOD KUA/IAR

assistant REG

SECTION OFFICER

//TRUE COPY// fSTRAF?

To,

1. The Principal Secretary, Department of Home, A. ^P.Secretariat, Velagapudi, Amaravathi, Guntur District.

2. The Superintendent of Police, West Godavari District,

Bhimavaram

3. The Station House Officer, II Town PS Bhimavaram, ^WestGodavari

District. 4. One CC to Sri Kale Vijaya Raju Advocate [OPUC] 5. Two CCs to GP for Home, High Court of Andhra Pradesh. [OUT] 6. Three CD Copies TF

HIGH COURT

I i

It -

DATED:10/01/2025

ORDER

' 21 JUN 2025 I WP.No.935 of 2025 ^V> Sectior

•-ft £412^

DISPOSING OF THE W.P., WITHOUT COSTS

BHUPATHIRAJU MADHU v. THE STATE OF ANDHRA PRADESH

WP/935/2025