S. Devanna Vs The State of Andhra Pradesh — Writ and Judicial Review | Andhra Pradesh HC (2025)

S. Devanna Vs The State of Andhra Pradesh — Writ and Judicial Review | Andhra Pradesh HC (2025)

What the court decided

AI extract

Outcome

Disposed

Issue for consideration

Whether Respondent Nos. 3 to 5 failed to discharge their duties as per Section 18 A (a) of the SCs and STs (Prevention of Atrocities) Act, 1989, Rule 5 of the SCs and STs (Prevention of Atrocities) Rules, 1995 and section 154 of Cr.P.C., which warrants the police officers to register the FIR without preliminary enquiry and conduct the investigation.

Court's answer

Considering the submissions made, the Writ Petition is disposed of, and there shall be no order as to costs.

Ratio / Principle

As a sequel to the disposal of the Writ Petition, miscellaneous petitions, if any, pending shall stand closed.

Detailed headnote1 paragraphs

Writ Petition No. 1154 of 2022 under Article 226 of the Constitution of India: the petitioner, S. Devanna, sought a writ of mandamus declaring the inaction of Respondent Nos. 3 to 5 (Superintendent of Police, SC/ST Cell-I, Kurnool; Deputy Superintendent of Police, Kurnool; and the Station House Officer, Kosigi Mandal) in failing to discharge their duties under Section 18 A (a) of the SCs and STs (Prevention of Atrocities) Act, 1989, Rule 5 of the SCs and STs (Prevention of Atrocities) Rules, 1995 and section 154 of Cr.P.C., which warrants registration of the FIR without preliminary enquiry and conduct of investigation. Sri V. Farooq, learned Assistant Government Pleader for Home, submitted on written instructions that, based on the petitioner's complaint, a case in Crime No. 93 of 2021 under Section 506 IPC and Section 3(1)(r)(s) of the SCs & STs (PoA) Amendment Act, 2015 had been registered at Kosigi Police Station, Kurnool District; that after completion of investigation the charge sheet had been filed before the Court of the Special Judge for trial of cases under the SCs & STs (PoA) Act-cum-VI Additional Sessions Judge, Kurnool; and that Section 441 IPC was not incorporated in the charge sheet since there were no ingredients to attract it. Sri Y. Balaji, learned counsel for the petitioner, submitted that the petition may be disposed of recording the same. Considering the submissions, the Court disposed of the Writ Petition with no order as to costs, and miscellaneous petitions, if any, were directed to stand closed. Order dated 17.11.2025 by Dr. Justice Venkata Jyothirmai Pratapa.

[3396]

APHC010013492022

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

(Special Original Jurisdiction)

MONDAY, THE SEVENTEENTH DAY OF NOVEMBER

TWO THOUSAND AND TWENTY FIVE

PRESENT

HONOURABLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA

WRIT PETITION NO: 1154/2022

Between:

S. DEVANNA, S/O. NARASAPPA, AGED ABOUT 39 YEARS,CAST. SC (MADIGA), OCC. AGRICULTURLA LABOUR, R/O. SATHANOORU, KOTTALA VILLAGE, KOSIGI MANDAL, KURNOOL DISTRICT, ANDHRA PRADESH

...PETITIONER

AND

THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPT. OF HOME, VELAGAPUDI, AMARAVATHI, ANDHRA PRADESH.

THE DIRECTOR GENERAL OF POLICE, VELAGAPUDI, AMARAVATHI, ANDHRA PRADESH

THE SUPERINTENDENT OF POLICE, SC/ST CELL-I, KURNOOL DISTRICT, ANDHRA PRADESH.

THE DEPUTY SUPERINTENDENT OF POLICE, KURNOOL DISTRICT, ANDHRA PRADESH.

THE STATION HOUSE OFFICER, MR.DHANUNJAY, KOSIGI MANDAL, KURNOOL DISTRICT, ANDHRA PRADESH. ...RESPONDENT(S):

Counsel for the Petitioner:

1.Y BALAJI

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 for:

“.... a Writ of Mandamus declaring the inaction of the Respondent Nos.3 to 5 for not discharging their duties as per the Section 18 A (a) of the SCs and STs (Prevention of Atrocities) Act, 1989 and also the Rule 5 of SCs and

2

STs (Prevention of Atrocities) Rules, 1995 and also as per section 154 of Cr.P.C., which is clearly warrants the police officers to register the FIR without preliminary enquiry and conduct the investigation and consequently direct the Respondents 3 to 5 to take necessary action in accordance with Section 18 A (a) of the SCs and STs (Prevention of Atrocities) Act, 1989 and the Rule 5 of SCs and STs (Prevention of Atrocities) Rules, 1995.”

2. Sri V.Farooq, learned Assistant Government Pleader for Home, on written instructions, would submit that, based on the complaint of the Petitioner, a case in Crime No.93 of 2021 for the offence under Section 506 IPC and Section 3(1)(r)(s) of SCs & STs (PoA) Amendment Act, 2015 of Kosigi Police Station, Kurnool District has been registered and after completion of investigation, charge sheet has been filed before the Court of Special Judge for trial of cases under SCs & STs (PoA0 Act-cum-VI Additional Sessions Judge, Kurnool. It is further submitted that, since there are no ingredients to attract the offence under Section 441 IPC, the Investigating Officer did not incorporate Section 441 IPC in the charge sheet.

3. Sri Y.Balaji, learned counsel for the Petitioner would submit that, recording the same, the petition may be disposed of.

4. Considering the submissions made, the Writ Petition is disposed of. There shall be no order as to costs.

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

________________________________________ Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA

Date:17.11.2025 Dinesh

3

HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA

W.P.No.1154 of 2022

Dt.17.11.2025

Dinesh