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2025 DAILYLAW 16374 (AP)

MAGANTI ASHOK KUMAR v. THE STATE OF ANDHRA PRADESH

WP/13723/2025 · 2025-06-15

Harinath N

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

St ' ^'5. r IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) MONDAY, THE SIXTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 13723 OF 2025 Between: 1. Maganti Ashok Kumar, S/o Venkata Jalandhar, aged about 56 years, H.No. Flat No. 404 Sri Venkata Sai Residency, 2nd Road, Santhinagar Eluru, Eluru District 2. Maganti Lakshmi Ratna Durga Vani, W/o Ashok Kumar, aged about 46 years, R/o Flat No.404 Sri Venkata Sai Residency, 2nd Road, Santhi Eluru, Eluru District ...PETITIONERS AND 1. The State of Andhra Pradesh, Represented by its Principle Secretary, Home Department, Secretariat Buildings Velagapudi, Amaravathi. Guntur District. 2. The Director General of Police, State of Andhra Pradesh at Mangalagiri. Guntur District 3. The Deputy Inspector General of Police, Eluru Range District 4. The Superintendent of Police, Law and Order Eluru District at Eluru. 5. The Station House officer, Denduluru Police Station Law Eluru District. Eluru. Eluru and order, 6. Mothukuri Lakshmana Rao, S/o Satyanarayana Aged about 50 years, R/o D.NO. 2-27, Govindapuram Village Perugugudem Panchayat, Dendulur Mandal. Eluru District. 7. Narayana Prasad @Millu Babu, S/o Ganapathi Aged about 53 Gopannapalem Village, Denduluru mandal Eluru District yeaers. 8. Durga Prasad, S/o Sri Ram Murthy Aged about 57 years, Somavarapupadu Village, Denduluru mandal. Eluru District 9. Syamala, W/o M. Lakshman Rao Aged about 50 years, R/o D.NO. 2-27, Govindapuram Village Perugugudem Panchayat, Dendulur Mandal. Eluru District 10. Mothukuri Seshagiri Rao, S/o not known to petitioner Aged about 60 years, Sri Ramavaram Post, Denduluru Mandal. Eluru District 11. Mothukuri Nani, S/o not known to petitioner Aged about 35 years, Sri Ramavaram Post Denduluru Mandal. Eluru 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 be pleased to issue an appropriate writ, order or direction more particularly one in the nature of writ of mandamus, declaring that the inaction on the part of the Respondents in not registering the Crime and not taking further action as per the provisions of Chapter XIII of Bharatiya Nagarik Surksha Sanhita 2023 (Chapter Xli of Cr.P.C) on the Report given by the petitioner Dated 02.04.2025 and 08.04.2025 to the Respondents 2 to 5 is illegal, arbitrary and unconstitutional, and consequently to direct the Respondents 1 to 5 to register a Crime on a Report given by the petitioner Dated 16.03.2025, 02.04.2025 and 08.04.2025 as per the provisions of Chapter XIII of Bharatiya Nagarik Suraksha Sanhitha 2023 (Chapter XII of Cr.P.C). lA NO: 1 OF 2025 may 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 2 to 5 to register a Crime on a Report given by the Petitioner Dated 16.03.2025, 02.04.2025 and 08.04.2025 per the provisions of Chapter Xlll of Bharatiya Nagarik Suraksha Sanhita 2023 (Chapter XII of Cr.P.C), forthwith disposal of the main Writ petition pending. as Counsel for the Petitioners: SRI K ASAD AHAMED Counsel for the Respondent Nos. 1 to 5: GP FOR HOME Counsel for the Respondent Nos. 6 to 11: —- The Court made the following: ORDER % APHC010216452025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] mi MONDAY, THE SIXTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 13723/2025 Between: ...PETITIONER(S) Maganti Ashok Kumar and Others AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petltioner(S): 1.KASAD AHAMED Counsel for the Respondent(S): 1.GP FOR HOME The Court made the following: 2 ORDER:- Heard learned counsel for Government Pleader appearing for the Home. the petitioners and learned Assistant 2. Learned counsel for the petitioners submits that the aggrieved by the inaction of respondent Nos.2 petitioners are to 5 in not considering the 02.04.2025 and 08.04.2025. petitioners’ representations dated 16.03.2025 3. Learned Assistant Government Pleader that the petitioners appearing for the Home submits 02.04.2025 and respondents, as per law. case, this Court is inclined itself, directing the petitioners’ representations dated 16.03.2025, 02.04.2025 and 08.04.2026. in accordance with law and the procedure contemplated under Section 173(3) of the BNSS representations dated 16.03.2025, 08.04.2025 will be considered by the concerned 4. Considering the facts and circumstances of the to dispose off the Writ Petition at the stage of admission i concerned respondents to consider the 2023. 5. Accordingly, this Writ Petition is disposed off. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. ASSISTANT REGISTRAR //TRUE COPY// 4^' SECTION OFFICER To, 1. The Principal Secretary, Home Department Velagapudi, Amaravathi. Guntur District. 2. The Director General of Police, State of Andhra Pradesh Guntur District Di's^riS^’’”*'' Eluru Range, Eluru. Eluru Secretariat Buildings at Mangalagiri. % 4. The Superintendent of Police, Law and Order Eluru District at Eluru. 5. The Station House officer, Denduluru Police Station Law and order Eluru District. 6. One CC to Sri K Asad Ahamed Advocate [OPUC] 7. Two CCs to GP for Home, High Court of Andhra Pradesh. [OUT] 8. Three CD Copies TF # HIGH COURT DATED:16/06/2025 ^ 3! Jin 202*5 Current Seciion ^ ORDER 8=^ m- WP.No.13723 of 2025 DISPOSING OF THE W.P., WITHOUT COSTS