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2025 DAILYLAW 17759 (AP)

P SRINIVASAN v. The State of Andhra Pradesh

WP/13772/2025 · 2025-06-15

Harinath N

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAV (Special Original Jurisdiction) MONDAY,THE SIXTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 13772 OF 2025 Between: P, Srinivasan, S/o. P. Krishnaiah, Age 48 years, Occ: Advocate, R/o. E 93 LGF, East of Kailash, New Delhi- 110065. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep by its Principal Secretary, Home Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 2. The Superintendent of Police, Nellore, Nellore District. 3. The Inspector of Police, Nellore Rural Police Station, Nellore District. 4. The Sub Registrar, Stone housepet, Nellore 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 t to issue a writ. Order or Direction more particularly one in the nature of writ of Mandamus to Declare the action of the Respondents No.3 in issuing a Notice in FORM - 70 dated 24.03.2025 stating that Crime No. 244 of 2019 treated as Civil in Nature which is illegal, arbitrary and unconstitutional and violation of Article 21 of the Constitution of India and Consequently set aside the Notice in FORM - 70 dated 24.03.2025 and direct the Respondent Nos.2 and 3 to conduct the investigation and file the charge sheet in accordance with law. Counsel for the Petitioner: SRI MANUBROLU SRINIVASA RAO Counsel for the Respondent Nos.1 to 3 : GP FOR HOME Counsel for the Respondent No.4 : GP FOR STAMPS & REGISTRATION The Court made the following; ORDER APHC010243532025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] MONDAY, THE SIXTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 13772/2025 Between: P Srinivasan ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.MANUBROLU SRINIVASA RAO Counsel for the Respondent(S): 1.GP FOR HOME 2.GP FOR REGISTRATION AND STAMPS The Court made the following: 2 ORDER:- Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Home. The learned counsel for the petitioner submits that the petitioner is 2. challenging the final report filed by the police in Crime No.244 of 2019 and has simply closed it as civil in nature. It is submitted that the petitioner has a strong case on merits for proving the offences under Sections 418, 420, 463, 465, 471, 424, 416 r/w 34 of IPC. The police have simply issued FORM-ZO without assigning any reasons and closed the case as civil in nature vide FORM-70 dated 24.03.2025. 3. The learned Assistant Government Pleader for Home submits that the petitioner has an alternative remedy of filing a protest petition before the concerned Magistrate and submitting all the proofs substantiating the charges against the accused. 4. Recording the submissions, it is left open for the petitioner to file a rd protest petition against FORM-70 dated 24.03.2025, issued by the 3 respondent to the petitioner. 5. Accordingly, this Writ Petition is disposed off. No costs. As a sequel, miscellaneous petitions pending, if any, shall^^nd closed. Sd/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// To, SECTION OFFICER Department, State of Andhra Pradesh secretariat Buildings, Velagapudi, Amaravathi, Guntur District. The Superintendent of Police, Nellore, Nellore District. The Inspector of Police, Nellore Rural Police Station, Nellore District. The Sub Registrar, Stone housepet, Nellore District. One CC to Sri Manubrolu Srinivasa Rao, Advocate [OPUC] Two CCs to GP for Home, High Court of Andhra Pradesh. [OUT] Two CCs to GP for Stamps & Registration, High Court of Andhra Pradesh. [OUT] Three C.D. Copies. 2. 3. 4. 5. 6. 7. 8. Cnr HIGH COURT DATED:16/06/2025 ORDER WP.No.13772of 2025 DISPOSING OF THE W.P. WITHOUT COSTS