Smt. Annu Vs the State of Ap — Writ and Judicial Review | Andhra Pradesh HC (2025)

Smt. Annu Vs the State of Ap — Writ and Judicial Review | Andhra Pradesh HC (2025)

What the court decided

AI extract

Outcome

No substantive relief granted; the writ petition was disposed of on recording the submissions of the learned Assistant Government Pleader for Home disputing the allegations, with no order as to costs.

Issue for consideration

Whether the respondents' action in not acting upon the petitioner's complaint dated 26.12.2019, alleging illegal detention of her husband with mental and physical torture and coercive extraction of an extra judicial confession in Crime No.179/2019 of PS Dargamitta, SPSR Nellore, is illegal, arbitrary and violative of Articles 14 and 21 of the Constitution of India and the provisions of the Code of Criminal Procedure. +1 more

Ratio / Principle

Recording the submission of Sri V. Farooq, learned Assistant Government Pleader for Home (on written instructions), that the allegations of illegal detention, torture and coercive extraction of extra judicial confession against the police are disputed and that there is no evidence of the alleged extortion of Rs.7,00,000/- from the petitioner, the Court disposed of the Writ Petition without adjudicating either issue on merits.

Key takeaways

There shall be no order as to costs.ratio¶35

Detailed headnote1 paragraphs

Writ petition under Article 226 filed by Smt. Annu (wife of the alleged detenue) seeking a writ of mandamus to declare (i) the respondents' inaction on her complaint dated 26.12.2019 — alleging illegal detention of her husband, mental and physical torture, and coercive extraction of an extra judicial confession in Crime No.179/2019 of PS Dargamitta, SPSR Nellore — illegal, arbitrary and violative of Articles 14 and 21 of the Constitution of India and the Code of Criminal Procedure, and (ii) the alleged extortion of Rs.7,00,000/- (Rupees Seven Lakhs) from her by the police illegal and arbitrary. IA No.1 of 2020 under Section 151 CPC sought a detailed enquiry into the complaint pending disposal. On the hearing date none appeared for the petitioner. Sri V. Farooq, learned Assistant Government Pleader for Home, on written instructions, disputed the allegations against the police and stated there was no evidence of the alleged extortion of Rs.7,00,000/-. Recording these submissions, the High Court (Dr Justice Venkata Jyothirmai Pratapa) disposed of the writ petition; there was no order as to costs, and pending miscellaneous petitions, if any, stand closed. No finding was recorded on either allegation.

[3396]

APHC010034632020

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

(Special Original Jurisdiction)

WEDNESDAY,THE TENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE

PRESENT

THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 2126/2020

Between:

SMT. ANNU, W/O. SANDEEP, AGED ABOUT 35 YEARS, OCC.HOUSEHOLD, R/O BARSI VILLAGE, BHAWANI KHEDA TALUQ, BHIWANI DISTRICT, HARYANA STATE.

...PETITIONER

AND

THE STATE OF AP, REP. BY IT'S PRINCIPAL SECRETARY, DEPARTMENT OF HOME, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, ANDHRA PRADESH.

THE STATION HOUSE OFFICER, CCS POLICE STATION, SPSR NELLORE DISTRICT.

THE STATION HOUSE OFFICER, DARGAMITTA POLICE STATION, SPSR NELLORE DISTRICT.

THE STATION HOUSE OFFICER, , CHINNA BAZAR POLICE STATION, SPSR NELLORE DISTRICT.

THE SUPERINTENDENT OF POLICE, , SPSR NELLORE DISTRICT.

THE DIRECTOR GENERAL OF POLICE, , ANDHRA PRADESH.

MR BAJI JAN SAIDA CIRCLE INSPECTOR, CCS SPSR NELLORE.

...RESPONDENT(S):

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be

pleased to issue an appropriate Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declare the action of the respondents herein in not acting upon the petitioner's complaint dated 26.12.2019 subjecting petitioner's husband herein in illegal detention of mental and physical torture and coercively extracting extra judicial confession in crime No.179/2019 of PS Dargamitta, SPSR Nellore as being illegal, arbitrary and violation of Articles 14 AND 21 of the Constitution of India and also provisions of code of criminal procedure code and it is also further prayed that this Hon'ble Court may be pleased to declare the action of the respondents herein in extorting Rs.7,00,000/- (Rupees Seven Lakhs only) from the petitioner - herein as being illegal, arbitrary and violation of law and offence under crimir al law

IA NO: 1 OF 2020

Petition under Section 151 CPC 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 herein to conduct a detailed enquiry into the petitioner's complaint dated:26.12.2019 to the respondents herein and submit the report before this Hon'ble court for further action pending disposal of the above writ petition

Counsel for the Petitioner:

1.V RAGHUNATH

Counsel for the Respondent(S):

1.GP FOR HOME (AP)

THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 2126 of 2020

ORDER:

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

“…pleased to issue an appropriate Writ Order or Direction more particularly one in the nature of Writ of Mandamus declare the action of the respondents herein in not acting upon the petitioners complaint dated 26.12.2019 subjecting petitioners husband herein in illegal detention of mental and physical torture and coercively extracting extra judicial confession in crime No.179/2019 of PS Dargamitta SPSR Nellore as being illegal arbitrary and violation of Articles 14 and 21 of the Constitution of India and also provisions of code of criminal procedure code and it is also further prayed that this Hon’ble Court may be pleased to declare the action of the respondents herein in extorting Rs.7,00,000/ Rupees Seven Lakhs only from the petitioner herein as being illegal arbitrary and violation of law and offence under criminal law and pass.…”

None represented for the petitioner.

Sri V.Farooq, learned Assistant Government Pleader for Home, on written instructions would submit that disputed the allegations made against the police that the husband of the petitioner was subjected to illegal detention and caused physical and mental torture and coercively extracting extra judicial confession in Crime No.179 of 2019. He would further submit that there is no evidence to prove the allegation that the police have extorted Rs.7,00,000/from the petitioner.

Recording the above said submission, the Writ Petition is disposed of.

There shall be no order as to costs.

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

closed.

___________________________________ Dr.VENKATA JYOTHIRMAI PRATAPA, J

Date: 10^th September, 2025 RKS