Kantheti Kishore Raju v. The State of Andhra Pradesh
WP/10082/2018 · 2025-07-16
Venkata Jyothirmai Pratapa
body2025
DailyLaw.ai
[ 2025 DAILYLAW 17019 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 17019 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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APHC010229452018
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY, THE SEVENTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 10082/2018 Between:
1. KANTHETI KISHORE RAJU, HINDU, AGED 42 YEARS, OCC- BUSINESS R/O.C/O.G.ELISHA, PHIRANGULA DIBBA 24TH DIVISION, ELURU, W.G.DISTRICT ANDHRA PRADESH. ...PETITIONER AND
1. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY HOME DEPARTMENT, A.P.SECRETARIAT VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, AP
2. THE SUPERINTENDENT OF POLICE, WEST GODAVARI DISTRICT, ELURU, AP
3. THE STATION HOUSE OFFICER, ELURU III TOWN POLICE STATION ELURU, WEST GODAVARI DISTRICT, AP
...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 toto issue a writ, order or direction more particularly one in the nature of a writ of Mandamus declaring the action of the respondents 2 and 3 in not registering the FIR on the basis of petitioner's complaints dt.22-01-2018 and 12-02-2018 though the averments in the complaints discloses the cognizable offence committed by the accused as highly illegal, arbitrary and contrary to the law laid down by the apex Court in the judgment reported in Lalitha Kumari Vs.
Government of U.P. reported in 2014 (1) ALD (Crl) 159 (SC) and consequently direct the respondents 2 and 3 to get the complaint registered as FIR, conduct investigation and file final report as per Sec.173 of the Code of Criminal Procedure and pass IA NO: 1 OF 2018 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 and 3 to get the complaints dt.22-01-2018 and 12- 02-2018 registered as FIR and investigate into the averments of the complaints pending disposal of the above writ petition and pass IA NO: 2 OF 2018 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
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pass order according permission to implead the petitioner as respondent No.4 in WP No.10082/2018 as well as IA No.1/2018, to enable him to file counter and contest the matter, as the writ clean hands and filed thw writ petition by suppressing the material facts and distorting facts and contradicting his own admission made in previous judicial proceedings, in the interest of judicial proceedings, in the interest of justice and to pass.
IA NO: 3 OF 2018 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 3 and 4 to conduct preliminary inquiry into the complaints under Ex.P-1 and P-3, without registering FIR and submit report to this Hon'ble Court, pending disposal of the implead petition and writ petition, in the interest of justice and to pass IA NO: 4 OF 2018 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 pass order directing the writ petitioner or the Respondent Police officials and media not to publish the proceedings of preliminary enquiry or registration of FIR (in the event of registration) or investigation proceedings till filing of the final report in print or electronic media and pass IA NO: 5 OF 2018 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 implead the petitioners herein as RespondentNo.5 & 6 in the above writ petition and pass Counsel for the Petitioner:
1. JAYANA VENKAT SRINESH Counsel for the Respondent(S):
1. GP FOR HOME (AP) 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 order or direction more particularly one in the nature of a writ of Mandamus declaring the action of the respondents 2 and 3 in not registering the FIR on the basis of petitioners complaints dt.22.01.2018 and 12.02.2018 though the averments in the complaints discloses the cognizable offence committed by the accused as highly illegal arbitrary and contrary to the law laid down by the apex Court in the judgment reported in Lalitha Kumari Vs. Government of U.P. reported in 2014 1 ALD Crl.159 SC and consequently direct the respondents 2 and 3 to get the
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complaint registered as FIR conduct investigation and file final report as per Sec 173 of the Code of Criminal Procedure.”
2. Today, when the matter came up for hearing, learned counsel for the petitioner submits that nothing survives for adjudication in the Writ Petition and the matter has become infructuous. 3.
Recording the said submission, the Writ Petition is dismissed as infructuous. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed. __________________________________ Dr.VENKATA JYOTHIRMAI PRATAPA, J
Date: 17.07.2025 ASR
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THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA
W.P.No.10082 of 2018
Dt.17.07.2025
ASR