GORIPARTHI LAKSHMANA RAJU v. THE STATE OF ANDHRA PRADESH
WP/7289/2025 · 2025-07-17
Venkata Jyothirmai Pratapa
body2025
DailyLaw.ai
[ 2025 DAILYLAW 11985 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 11985 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010140192025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY,THE EIGHTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 7289 OF 2025 Between:
1. Goriparthi Lakshmana Raju, S/o late Muneswara Rao, Aged 59 Properties, R/o. Flat No.203, Status Estates, D.No.74-13/2-22B/1 , New RTC Colony, Patamata, Vijayawada, N.T.R. District.
2. Goriparthi Neelakanteswari, W/o Lakshmana Raju Housewife, R/o. Flat No.203, Status Estates, D.No.74-13/2-22B/1 Colony Patamata, Vijayawada, N.T.R. District.
3. Goriparthi Sowjanya, D/o Lakshmana Fiaju, Aged 36 years. House-wife, R/o. Flat No.203, Patamata, Vijayawada, N.T.R. District. years Aged 56 years.
New RTC I Status Estates, D.No.74-13/2-22B/1, New RTC Colony ...Petitioners AND
1. The Principal Secretary, Home Department, A.P. Secretariat Amaravathi, Guntur District.
2. The Director General of Police, Police Head Quarters, Mangalagiri Rural District. Velagapudi Guntur
3. The Commissioner of Police, Vijayawada Commissionerate N.T.R. District. Vijayawada
4. The Deputy Commissioner of Police, Vijayawada Commissionerate Vijayawada, N.T.R. District.
5. The Station House Officer, Patamata Police Station, Vijayawada, N.T.R. District.
6. Dokku Ravi Kumar, S/o late Sambasiva Rao Aged about 45 years R/o.D.No.73-5-21,Upstairs Kanumuri Chest Hospital, RamayanapuvariStreet Patamata, Vijayawada,N.T.R District. ...Respondents 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 declaring the action, things and deeds of Respondents especially Respondent Nos. 3 to 5 in not registering the cognizable offences as F.I.R., committed by the 6th Respondent and his followers, which is illegal, irregular, unjust, arbitrary, un constitutional, against to the Principles of Natural Justice, contrary to the provisions of Bharatiya Nagarik Suraksha Sanhita, 2023 and in violation of Articles 14, 19 and 21 of Constitution of India, consequently direct the Respondents 3 to 5 forthwith register the F.I.R., against the 6th Respondent and his followers as per the reports dated 07-03-2025 and 08-03-2025 under the provisions of Bharatiya Nyaya Sanhita, 2023. lA NO: 1 OF 2025 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 forthwith especially Respondents 3 to 5 to register the F.I.R., against the 6th Respondent and his followers as per the reports dated 07-03-2025 & 08-03-2025 pending disposal of Writ Petition. Counsel for the Petitioners: SRI NARASIMHA RAO GUDISEVA Counsel for the Respondent Nos.1 to 5: GP FOR HOME Counsel for the Respondent No.6: NONE APPEARED The Court made the following order:
'Si APHC010140192025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] FRIDAY,THE EIGHTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 7289/2025 Between:
1.GORIPARTHI LAKSHMANA RAJU, S/0 LATE MUNESWARA RAO AGED 59 YEARS. PROPERTIES, R/0. FLAT NO.203. ESTATES, D.N0.74-13/2-22B/1, NEW RTC COLONY VIJAYAWADA. N.T.R. DISTRICT. STATUS PATAMATA, 2.GORIPARTHI NEELAKANTESWARI W/0 LAKSHMANA RAJU, AGED 56 YEARS. HOUSEWIFE, R/0. FLAT NO.203, ESTATES, D.N0.74-13/2-22B/1, NEW RTC COLONY PATAMATA, VIJAYAWADA, N.T.R. DISTRICT. STATUS 3.GORIPARTHI SOWJANYA,, D/0 LAKSHMANA FIAJU YEARS. HOUSE-WIFE, R/0. FLAT NO.203. D.N0.74-13/2-22B/1. NEW RTC COLONY VIJAYAWADA, N.T.R. DISTRICT. AGED 36 STATUS ESTATES, PATAMATA, ...PETITIONER(S) AND 1.THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2.THE DIRECTOR GENERAL OF POLICE. POLICE HEAD QUARTERS, MANGALAGIRI GUNTUR RURAL DISTRICT. COMMISSIONER COMMISSIONERATE VIJAYAWADA, N.T.R. DISTRICT. HOME DEPARTMENT, A.P. SECRETARIAT, 3.THE OF POLICE, VIJAYAWADA
2 4.THE DEPUTY COMMISSIONER OF POLICE, VIJAYAWADA COMMISSIONERATE, VIJAYAWADA, N.T.R. DISTRICT. 5.THE STATION HOUSE OFFICER, PATAMATA VIJAYAWADA, N.T.R. DISTRICT. POLICE STATION, 6.DOKKU RAVI KUMAR, S/0 LATE SAMBASIVA 45 YEARS, R/O.D.NO.73-5-21 HOSPITAL, VIJAYAWADA,N.T.R DISTRICT.
RAO AGED ABOUT UPSTAIRS KANUMURI CHEST RAMAYANAPUVARISTREET PATAMATA, ...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 pleased topleased to issue an appropriate Writ may be
Order or direction more particularly one in the nature of Writ of Mandamus declaring the action, things and deeds of Respondents especially Respondent Nos. 3 to 5 in not registering the cognizable offences as F.I.R., committed by the 6th Respondent and his followers, which is illegal, irregular, unjust, arbitrary constitutional, against to the Principles of Natural Justice, contrary to the provisions of Bharatiya Nagarik Suraksha Sanhita, 2023 and in violation of Articles 14, 19 and 21 of Constitution of India, consequently direct the Respondents 3 to 5 forthwith register the F.I.R., against the 6th Respondent and his followers as per the reports dated 07-03-2025 and 08-03-2025 under the provisions of Bharatiya Nyaya Sanhita, 2023 and un pass lA NO: 1 OF 2025 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 pleased to direct the Respondents forthwith especially Respondents register the F.I.R., against the 6th Respondent and his followers as per the reports dated 07-03-2025 & 08-03-2025 pending disposal of Writ Petition pass s Counsel for the Petltioner(S):
1.NARASIMHA RAO GUDISEVA Counsel for the Respondent(S):
1.GP FOR HOME The Court made the following; 3 to 5 to and
3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 7289/2025
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 declaring the action, things and deeds of Respondents especially Respondent Nos.3 to 5 in not registering the cognizable offences as F.I.R., committed by the Respondent and his followers which is illegal, irregular, unjust, arbitrary, unconstitutional, against to the Principles of Natural Justice contrary to the provisions of Bharatiya Nagarik Suraksha Sanhita, 2023 and in violation of Articles 14, 19 and 21 of the Constitution of India, consequently direct the Respondent Nos. 3 to 5 forthwith register the F.I.R., against the Respondent and his followers as per the reports dated 07.03.2025 and 08.03.2025 under the provisions of Bharatiya Nyaya Sanhita, 2023 and pass ” Heard Sri Narasimha Rao Gudiseva, learned counsel for petitioners and learned Assistant Government Pleader for Home for respondent Nos.1 to 5. ) f
2. the the
3.
Learned counsel for the petitioners would submit that despite instances are referred in the complaint, the police referred the case as civil in civil ii nature and not registered the case basing on the report of the petitioner. Learned Assistant Government Pleader for Home upon written instructions would submit that
4. a crime has been registered by respondent No.6 in Crime No.916 of 2024 for the offence punishable under Section 420 of IPC on the file of the Patamata Police Station on 05.12.2024.
A 4
5. Considering the submissions, i petition, granting liberty to the petitioners to law before any appropriate forum case despite there are instances referred
order as to costs. As a sequel thereto, , It is apposite to dispose of the to recourse their remedies when police are not ready to covering cognizable offences. No writ according register the misceiianeous petitions pending, if any, shall stand closed.
Sd/- N. NAGAMMA ASSISTANT REGJSTRAR //TRUE COPY// SECTION OFFICER To,
1. The Principal Secretary, Velagapudi, Amaravathi, Guntur District.
2. The Director General of Police Guntur Rural District.
3. The Commissioner Vijayawada, N.T.R.,District.
4. The Deputy Commissioner of Police, Vijayawada Commissionerate Vijayawada, N.T.R. District.
5. The Station House Officer N.T.R. District.
6. One CC to Sri. Narasimha Rao Gudiseva, Advocate [OPUC]
7. Two CCS to GP For Home, High Court of Andhra Pradesh [OUT]
8. Two CD Copies. Home Department, A.P. Secretariat, Police Head Quarters, Mangalagiri of Police, Vijayawada Commissionerate Patamata Police Station, Vijayawada AL
HIGH COURT DATED:18/07/2025
ORDER WP NO. 7289 OF 2025 ^0 <i AUG 2025 S^^SsQurrent Sectigiix^ Irr^j '5:/ DISPOSING OF THE W.P. WITHOUT COSTS