IN THE HIGH COURT OF ANDHRA PRADESH AMARAVATI (Special Original Jurisdiction) FRIDAY ,THE SIXTEENTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO: 13667 OF 2025 Between: 1. BONAM RAMANA REDDY, S/o. Pedda Venkata Reddy, aged 47 years R/o. 4-67/b, Konanki Village, Piduguralla Mandal, Palnadu District, Andhra Pradesh. 2. Kunduru Venkata Krishna Reddy, S/o. Chinna Narsi Reddy, aged 30 years, R/o. Konanki Village, Piduguralla Mandal, Palnadu District, Andhra Pradesh. 3. Punyala Venkatrami Reddy, S/o. Kotireddy, aged 40 years, R/o. BC Colony, Konanki Village, Piduguralla Mandal, Palnadu District, Andhra Pradesh. 4. Kanala Nagireddy, S/o. Varada Reddy, aged 25 years, R/o. 1-94:, Konanki Village, Piduguralla Mandal, Palnadu District, Andhra Pradesh. 5. Erla Kanaka Srinu, S/o. Venkateswarlu, aged 42 years, R/o. 3-158, BC Colony, Konanki Village, Piduguralla Mandal, Palnadu District, Andhra Pradesh., 6. Erla Nagaraju, S/o. Sambayya, aged 28 years, R/o. 3-100, Vadde Center, Konanki Village, Piduguralla Mandal, Palnadu District, Andhra Pradesh. ‘I" 'y 7. Turaka Naga Thirupathi Rao, S/o. Srinu, aged 20 years, R/o. 1-154, Kanakadurgamma Bazar, Piduguralla Mandal, Palnadu District, Andhra Pradesh. 8. Singampalli Anji Reddy, S/o. Gurava Reddy, aged 43 years, R/o. Konanki Village, Piduguralla Mandal, Palnadu District, Andhra Pradesh. 9. Vatte Brahma Reddy, S/o. Hanimi Reddy, aged 36 years, R/o. 1- 181; Bodanam Village, Bellamkonda Mandal, Palnadu District, Andhra Pradesh. 10. Nandipati Satyanarayana Reddy, S/o. Anjaneyulu Reddy, aged 35 years, R/o. 1-195, Konanki Village, Piduguralla Mandal, Palnadu District, Andhra Pradesh. 11. Vadite Rama Rao Nayak, S/o. Veerabhadra Nayak, aged 38 years, R/o. Konanki Village, Piduguralla Mandal, Palnadu District, Andhra Pradesh ...PETITIONER{S) AND 1. THE STATE OF ANDHRA PRADESH, Represented by its Principal Secretary Home Department, Secretariat Buildings at Velagapudi, Guntur District, Andhra Pradesh. 2. The Superintendent of Police, Palnadu District, Andhra Pradesh. 3. The Station House Officer, Piduguralla Police Station, Palnadu District, Andhra Pradesh. 4. Gubba Koteswara Rao, S/o. Adi Narayana, aged 42 years, Occ: VRO Pullutia Village, Machavaram Mandal, Palnadu District, Andhra Pradesh. ...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 a Writ or Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent police in registering the crime in FIR No. 86/2025 dated 07.05.2025 without having jurisdiction basing on the report mde by the 4TH respondent and also in interfering with the personal life and liberty of the petitiners as illegal, arbitrary and also oppose to all cannons of justice, consequentially stay of all further proceedings in FIR No. 86/2025 dated 07.05.2025 on the file of the SHO PS, Piduguralla, Palnadu District by directing the police not to interfere with the personal live and liberty of the petitioners further, appoint an advocate commissioner to visit the alleged place of offence at Konanki and PillutlaVillages as per the contents of the FIR No. 86/2025 dated 07.05.2025on the file of the 3RD respondent police station to ascertain the facts about the alleged excavation of ordinary earth. ' 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 stay of all further proceedings in FIR No. 86/2025 dated I j 07.05.2025 on the file of the SHO PS, Piduguralla, Palnadu District by directing the police not to interfere with the personal live and liberty of the petitioners pending disposal of the above writ petition lA NO: 2 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 appoint an advocate commissioner to visit the alleged place of offence at Konanki and Pillutia Villages as per the contents of the FIR No. 86/2025 dated 07.05.2025 on the file of the 3RD respondent police station to ascertain the facts about the alleged excavation of ordinary earth pending disposal of the above writ petition Counsel for the Petitioner : SRI V SAI KUMAR Counsel for the Respondents : GP FOR HOME (R1 R2 R3) Counsel for the Respondents : BATHA PAID (R4) The Court made the following ORDER : ■r APHC010275322025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] FRIDAY, THE SIXTEENTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO: 13667/2025 Between; ...PETITIONER(S) Bonam Ramana Reddy and Others AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner(S): 1.VSAI KUMAR Counsel for the Respondent(S): 1.GP FOR HOME The Court made the following order: The present Writ Petition is filed seeking for issuance of a Writ of Mandamus by declaring the action of the 3"'^ respondent in registering a crime in F.I.R. No.86 of 2025, dated 07.05.2025, without having any jurisdiction on the basis of the report made by the 4'^ respondent, Village Revenue Officer, Pilutia Village of Machavaram Mandal. Heard Sri V. Sai Kumar, learned counsel for the petitioners and 2. the learned Government Pleader for Home. i It is alleged that the petitioners’ life and personal liberty are being infringed by the respondents because of their illegal and arbitrary act. 3. 2 Dr. YLR, J W.P.No.l3667of2025 4. As seen from the record, pursuant to the report submitted by the 4'" respondent, the 3'"' respondent registered a case in FIR No.86 of 2025, for the offences punishable under Sections 303(2) of Bharatiya Nyaya Sanhita, 2023 (for brevity “BNS Act”) and Section 21 (1) of Mines (Development and Regulation) Act, 1957. 5. In the Writ Petition, an interim stay for directing the Police not interfere with the personal life and liberty of the petitioners further proceedings in the investigation, was sought. 6. In this case, stalling of further investigation is not permissible, yet the petitioners are alleged to have committed offences punishable less than seven years imprisonment. and Minerals to while stay of 7. Therefore, the Writ Petition is disposed of directing the 3'"^ respondent to conduct investigation and if the petitioners are found to have committed the offences punishable with imprisonment less than/upto 7 the Station House Officer, Piduguralla Police Station, is directed to follow up the procedure contemplated under Section 35 (3) of BNSS. Accordingly, the Writ Petition is disposed of. There shall be years. 8. no order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. I Sd/- K J RAJA BABU ASSISTANT REGISTRAR /^ECTI^OFFICER //TRUE COPY// To, 1. The Principal Secretary State Of Andhra Pradesh, Home Department, Secretariat Buildings at Velagapudi, Guntur District, Andhra Pradesh. V // // / • , ///^ ■ / 2. The Superintendent of Police, Palnadu District, Andhra Pradesh. 3. The Station House Officer, Piduguralla Police Station, Palnadu District Andhra Pradesh. i 4. One CC to SRI. V SAI KUMAR Advocate [OPUC] 5. Two CCs to GP FOR HOME ,High Court Of Andhra Pradesh. [OUT] 6. THREE CD COPIES TAC < i . \ ♦ > * ^ ^ •> i HIGH COURT DATED:16/05/2025 ORDER WP.No.13667 of 2025 % 9. I § Miy pn^ c Currem oeciion . 5$PATCHtO ^ DISPOSING THE WP WITHOUT COSTS