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Andhra Pradesh High Court - Amravati

Mandala Rajeswari, vs The State Of Andhra Pradesh, on 10 January, 2025

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                lN THE HIGH COURTOF ANDHRA PRADESH AT AMARAVAT

                  FR!SDIEyC,ITAHLEOTREGNITNfiLDJAUyR;SFDIJCATrdOuNA'RY fr§;
                   TWO THOUSAND AND TWENTY FIVE
                                    :PRESENT:
       THE HONOURABLE
                   BLEDR. DR.JUS+I5`ELVvLE-inlkATA
                               JUSTICE VENKATA JYOTHII     JYOTHIRMAI PRAirs
                               WRIT PETITION NO: 1052 OF 2025
     Between :
     Mandala Rajeswari, w/o Mandala Venkata Seshaiah, aged about 40 years,
     R/o. Doddarajupalem VI|IIage, V.Satram MandaI, SPSR Nellore District.

                                                                                      Petitioner
                                                      AND
       1. The State of Andhra pradesh, Rep by its principal Secretary (Home
          Department), secratrait Buildings, velahgapudi, Guntur District.
       2. The Director General of police, State of Andhra Pradesh, Mangalagiri,
          Guntur District.

       3. The Superintendent of police, spsR NeIIore District, Nellore.
       4. The Deputy Superl'ntendent of police, Nellore Sub-Divisl'on, Mulapet,

          NeIIore.

      5. The          Circle   Inspector         of      police,     venkatachalasatram    circle,
          venkatachalasatram            police        station,     venkatachalam,SPSR     Nellore
          District.

      6. The Sub-Inspector of police,                    Venkatachalasatram     police Station,
         Venkatachalam, spsR Nellore District.
      7. The       Station     House      Officer,       venkatachalasatram     police    station,
         Venkatachalam, SPSR Nellore District.
      8. The Circle Inspector of police, Nellore Rural Police Statl'on, Dargamitta,

         Nellore
      9. The Station House Officer, Nellore Rural Police Statl'on, Dargamitta,

         NeIIore.

      10.The Reliance Jio lnfocomm Limited, 5th                     FIoor, Maker Chambers IV,

         222,    Nariman       point,    Mumbai,          Maharashtra,    400021.,   Rep by     its

         Director.
 --.,   -   __   A




                       ll.The Bharti AirTel Limited, Crescent 1 Nelson Mandela Road, Vasant
                          Kunj, Phase-ll, New delhi-110070. Rep by its Director ( Operations ).
                       12.The Bharath Sanchar Nigam Limited, . Bharath Sanchar Bhavan, Harish
                          Chandra Mathur Lane, Janpath, New Delhi-110001.,Rep. by its General
                          Manager
                                                                                       Respondents
                          Petition under Article 226 of the Constitution of India praying that in the

                    circumstances stated in the affidavit filed therewI'th, the High Court may be

                    pleased to issue the Writ order or Direction particularly in the nature of Writ of
                    Mandamus, declaring the action of the Respondent No. 2 to 4, who failed to
                    consider the representation of the petitioner, dated 26.12.2024, in respect of
                    seizing and preserving the recorded CC footages of CC Camera Points, dated
                    23.12.2O24, since from 4-00 Pm to 8.30 Pm, which are installed i.e 1.CC TV

                    footages of Ayyappagudi centre and Ayyappaswamy Temple, 2.CC TV
                    footages of CC Cameras installed to the shop i.e. Sai Balaji Traders, near
                    Indian Overseas Bank, Ayyappagudi Circle, Nellore Town and near to the
                    sikindhar tea stall of Ayyappagundi Centre, 3). CC TV footages of CC
                    Cameras installed to the shop i.e. Indian Oil Servo Shop bearing Door.No.26-
                    5-49, near Sai Balaji Traders, nearby Indian Overseas Bank, Ayyappagudi
                    Circle, Nellore Town- 524004 by name Utukuru Mahendra Reddy S/o Gangi
                    Reddy near to the Sikindhar tea stall of Ayyappagundi Centre, 4).All CC TV
                    footages of V.Satram Police Station between 7.00 A.M. onwards dated
                    22.12.2024 to ll.00 A.M. dated 24.12.2024. 5) CC TV footages fixed at the

                    point of Ramalayam of V.Satram in between 4.00 P.M to ll.OO P.M. dated
                    22.12.2024. 6).CC TV footages of all CC TVs fixed in the Nellore Rural Poll'ce
                    Station between 4.00 P.M onwards dated-23.12.2024 to 10.30 A.M. dated
                    24.12.2024.   7).CC    TV    footages   fixed   at   Swarna    Toll    plaza   of
                    Venkatachalasatram Mandal covering the eastern side of the toll plaza in
                    between 4.00 P.M. to 7.00 P.M. on 22.12.2024 further Cell tower location of

                    Mobile No.9966492793 of accused Seshaiah between 4.30 P.M. to 7.00 P.M.
                    dated- 23.12.2024. 8).Cell tower location data of Mobile No.9618462988
 belongs to defacto-complainant Sravani on dated-15.12.2024 and 7.00 P.M.
                                +


on 24.12.2024. 9).Cell tower location data of Mobile No.9440796318 0'io

provider)    between   7.AM.   dated-22.12.2024      and   06.00    P.M.   on   dated
24.12.2024    ( CI of V.Satram      P.S)    .   10).Cell tower location    of Mobile

No.9440796320 of S.I. of Police Veeanjaneyulu between 4.00 P.M. onwards
dated 23.12.2024 to 10.00 A.M. till 24.12.2024.ll).Cell tower location data

and Call Data Recorders of Mobile No.9704446087 belongs to NWS
Ravikumar, who attested the Mahazars and also Mobile No.8121607901
belongs to VRO P.Niranjan who also attested the Mahazar between 7.00 P.M.
Onwards dated-23.12.2024 to 4.00 P.M. dated-24.12.2024, further conducting

detailed enquiry by falsely implicated the husband of the petitioner namely
Mandala Venkata Seshaiah S/o Venkaiah, in Crime No. 263/2O24 dated
23.12.2024 on the file of V.Satram Police Station, by the Respondent No. 5
and 6, as illegal, unjust, arbitrary and contrary to law and violations of
Principles of Natural Justice and contrary to Articles 14, 16 and 21               of

Constitution of India and consequently direct the Respondent No. 2 to 4 to
take steps by seizing and preserving the recorded footages along with call
data records on the above said locations by conducting detailed enquiry on
the alleged Mahazarnamma, in Crime No. 263/2024 dated 23.12.2024 on the




L=:-_
file of V.Satram Police Station and file a report before this Honble Court .


lANO: 1 OF2025

      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 may be pleased to direct the respondent No.10 to 12, to secure and
preserve the Tower location and call data of the Cell tower location of Mobile
No.9966492793 of accused Seshaiah between 4.30 P.M. to 7.00 P.M. dated:
23.12.2024. 8).Cell tower location data of Mobile No.9618462988 belongs to

defacto-    complainant   Sravani   on     dated:15.12.2024   and   7.00   P.M.   on

24.12.2024. 9).Cell tower location data of Mobile No.9440796318 0io provider)

between 7.AM. dated:22.12.2024 and 06.00 P.M.on dated:24.12.2024 ( Cl of
 ---L==EEE-/




              V.Satram P.S) . 10).Cell tower location of Mobile No.9440796320 of S.I. of

              police veeanjaneyulu betweefi 4.00 P.M. onwards dated:23.12.2024 to 10.00
              A.M. till 24.12.2024.ll).Cell tower location data and Call Data Recorders of

              Mobile No.9704446087 belongs to N\^/S Ravikumar, who attested the
              Mahazars and also Mobile No.8121607901 belongs to VRO P.Niranjan who

              also attested the Mahazar between 7.00 P.M. onwards dated:23.12.2024 to
              4.00   P.M.    dated:24.12.2024,    in    related   to   the   Crime    No.   263/2024

              dated:23.12.2024 on the file of V.Satram Police Station, Pending disposal of
              WP 1052 of 2025, on the file of the High Court.


                     The petition coming on for hearing, upon perusing the Petition and the
              affidavit filed in support thereof and upon hearing the arguments of Sri V
              ROOPESH KUMAR REDDY Advocate for the Petitioners and of GP FOR
              HOME for the Respondents, the Court made the following.
              ORDER

f[Heard learned counsel for the petitioner.

At request of the learned Assistant Public- Prosecutor, list the matter on 24.01.2025, for getting instructions.

lVIeanwhi[e, the police are directed to preserve CC TV Camera Footage and call data if available."

Sd/-M.PRABHAKARA RAO ASSISTANT REGISTRAR //TRUE COPY// 64i--

SECTION OFFICER Tot

1. The Principal Secretary, The State of Andhra Pradesh, Home Department, Secretariat, Velagapudi, Amaravati, Guntur District.(by SPECIAL MESSENGER)

2. The Director General of Police, State of Andhra Pradesh, Mangalagiri, Guntur District.

3. The Superintendent of Police, SPSR Nellore District, Nellore.

4. The Deputy Superintendent Of Police, Nellore Sub-Division, Mulapet, I?

Nellore.

5. The Circle Inspector of Police, Venkatachalasatram Circl-e, Venkatachalasatram Police Station, Venkatachalam,SPSR Nellore District.

6. The Sub-Inspector of Police, Venkatachalasatram Police Station, Venkatachalam, SPSR Nellore District.

7. The Station House Officer, Venkatachalasatram Police Station, Venkatachalam, SPSR Nellore District.

8. The Circle Inspector of Police, Nellore Rural Police Station, Dargamitta, Nellore

9. The Station House Officer, NeIIore Rural Police Station, Dargamitta, NeIIore,

10.The Director, Reliance Jio lnfocomm Limited, 5th Floor, Maker Chambers IV, 222, Nariman Point, Mumbai, Maharashtra, 400021. ll.The Director, Bharti AirTel Limited, Crescent 1 Nelson Mandela Road, Vasant Kunj, Phase-ll, New delhi-110070. ( Operations ).

12.The General Manager , Bharath Sanchar Nigam Limited, . Bharath Sanchar Bhavan, Harish Chandra Mathur Lane, Janpath, New Delhi- 110001.

13.One CC to SRl. V ROOPESH KUMAR REDDY Advocate [OPUC]

14.Two cos to GP FOR HOME ,High Court OfAndhra Pradesh. [OUT]

15|One spare copy HIGH COURT Dr. VJP,J DATED..10/01/2025 LIST ON 24.01.2025 ORDER WP.No.1052 of 2025 2\ ,lhN 1\1\ DIRECTION