Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 17669 (AP)

JAGANNADAM SIVA SAI v. THE STATE OF ANDHRA PRADESH

WP/12792/2025 · 2025-06-18

Harinath N

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

4 4 f A APHC010241962025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) . THURSDAY, THE NINETEENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 12792 OF 2025 Between: Jagannadam Siva Sai, S/o. Late Nagaiah @ Nageswara Rao, aged 30 years, Permanent resident of Bhagya Nagar, Ongole, Prakasam District. Presently residing at KPHB Colony, Hyderabad, Telangana State. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary to Government, Home Department, Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The Superintendent of Police, Ongole, Prakasam District. 3. The Sub Divisional Police Officer, Ongole, Prakasam District. 4. The Station House Officer, Ongole Taluk Police Station Ongole, Prakasam District. 5. Karnu Pradeep Kumar, S/o. Madhava Reddy Aged 32 years, R/o. Ponduru Village, Tangutur Mandal, Prakasam District. 6. Jammi Siva Lakshman Reddy, S/o. Ramachandra Reddy, Aged 47 years, R/o. D.No.20-7-105, Siri Hospital, Lambad Donka, Anjaiah Road, Ongole, Prakasam 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 A pleased to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondents, particularly respondents 3 and 4 in not registering the crime on petitioners repeated complaints, last one dated 08.07.2024 against the respondents 5 and 6 the file of 4*'' respondents police station, in spite of the law laid down by Hon'ble Supreme Court of India in Lalita Kumari vs Govt.of U.P. and Ors illegal, irregular, irrational, amounts to non discharge of legal obligation conferred on them under the provisions of Bharatiya Nagarik Suraksha Sanhita, 2023 and offends Articles 14 and 21 of Constitution of India and consequently direct the respondents 3 and 4 to register the crime and prosecute the accused persons for appropriate offences and penal provisions of law. on as lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondents 3 & 4 to register the crime on petitioner’s complaint dated 08.07.2024 and prosecute the accused persons for appropriate offences and penal provisions of law, pending disposal of the main Writ Petition. Counsel for the Petitioner: SRI SIVA SANKARA RAO BORRA Counsel for the Respondent Nos.1 to 4 : GP FOR HOME Counsel for the Respondent Nos.5 & 6 : NONE APPEARED The Court made the following order: 4^ APHC010241962025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] THURSDAY,THE NINETEENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 12792/2025 Between: Jagannadam Siva Sai ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.SIVA SANKARA RAO BORRA Counsel for the Respondent(S): 1.GP FOR HOME The Court made the following: THE HON’BLE SRI JUSTICE HARINATH.N S' WRIT PETITION No.12792 OF 2025 ORDER: 1. Heard the submissions of the learned counsel for the petitioner and the learned Assistant Public Prosecutor appearing for the State. 2. The learned counsel for the petitioner submits the petitioner is aggrieved by the in-action on part of respondent Nos.3 and 4 in not registering the complaint of the petitioner dated 08.07.2024. 3. The learned Assistant Government Pleader on written instructions submits that the police have acknowledged his complaint, the same fon^/arded to the 4*^ respondent by the Superintendent of Police, Prakasam District. It is submitted that after receipt of complaint the 4‘^ respondent tried to contact the petitioner and the petitioner was not contactable and the petitioner did not approached thereafter. Having no option the complaint of the petitioner was closed. 4. On the other hand, the learned counsel for the petitioner, the petitioner approached the police, however, they have not taken steps. 5. Considering the same, this Writ Petition is disposed off, leaving it open for the petitioner to submit a fresh representation to the 4*'^ respondent in person. Upon receipt of such representation, the 4'^ respondent shall consider it in accordance with Section 173(3) of the BNSS, 2023. There shall be no order as to costs. 6. Miscellaneous petitions, if any, pending in the writ petition shall stand closed. Sal- SHAIK MOHD. RAF! ASSISTANT regular //TRUE COPY// SECTION OFFICER To 1. The Principal Secretary to Government, Home Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The Superintendent of Police, Ongole, Prakasam District. 3. The Sub Divisional Police Officer, Ongole, Prakasam District. 4. The Station House Officer, Ongole Taluk Police Station Ongole, Prakasam District. . One CC to Sri Siva Sankara Rao Borra, Advocate [OPUC] I. Two CCs to GP for Home, High Court of Andhra Pradesh [OUT] T9. Two CD Copies Cnr ». . r HIGH COURT DATED: 19/06/2025 I 11 AUG 2025 % ' . Current Section . ^ ORDER WP NO. 12792 OF 2025 DISPOSING OF THE W.P. WITHOUT COSTS