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2025 DAILYLAW 19705 (AP)

ThotaSeshagiriRao v. The State of Andhra Pradesh

WP/12622/2019 · 2025-10-16

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Judgment text

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APHC010276682019 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3368] FRIDAY,THE SEVENTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI WRIT PETITION NO: 12622/2019 Between: 1. THOTASESHAGIRIRAO, S/O LATE NAGESWARARAO HINDU, AGED ABOUT 46 YEARS, OCC PREVIOUSLY WORKED AS SENIOR ASSISTANT 0/O SCHEDULE CASTE CORPORATION, WEST GODAVARI DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPLE SECRETARY, HOME DEPARTMENT, SECRETARIAT BUILDINGS VELAGAPUDI, AMARAVATHI. GUNTUR DISTRICT. 2. THE SUPERINTENDENT OF POLICE, WEST GODAVARI DISTRICT AT ELURU. 3. THE STATION HOUSE OFFICER, ELURU -III TOWN POLICE STATION, ELURU WEST GODAVARI DISTRICT. 4. SRI KAMNCHI RAMESH, S/O BABU PRASAD HINDU, AGED ABOUT 47 YEARS, OCC EXECUTIVE DIRECTOR SCHEDULE CASTE CORPORATION, ELURU, WEST GODAVARI DIST ...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 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 XII of Cr.P.0 on the Report given by the petitioner Dated 27.7.2019 to the 2nd and 3rd Respondent, is illegal, arbitrary and unconstitutional, and consequently to direct the Respondents 1 to 3 to register a Crime on a Report given by the petitioner Dated 27.7.2019 as per the provisions of Chapter XII of Cr.P.C, and to pass 2 IA NO: 1 OF 2019 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 pleased to direct the Respondent NO. 3 to register a Crime on a Report given by the petitioner Dated: 27.7.2019 as per the provisions of Chapter XII of Cr.P.C, forthwith, pending disposal of the main Writ petition, and to pass Counsel for the Petitioner: 1. S SYAMSUNDER RAO Counsel for the Respondent(S): 1. GP FOR HOME (AP) The Court made the following: 3 THE HONOURABLE SRI JUSTICE B.V.L.N.CHAKRAVARTHI WRIT PETITION No.12622 of 2019 ORDER: This Writ Petition is filed under Article 226 of the Constitution of India for the following relief: “…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 XII of Cr.P.C on the Report given by the petitioner Dated 27.7.2019 to the 2nd and 3rd Respondent, is illegal, arbitrary and unconstitutional, and consequently to direct the Respondents 1 to 3 to register a Crime on a Report given by the petitioner Dated 27.7.2019 as per the provisions of Chapter XII of Cr.P.C, and to pass…” (in verbatim) 2. Learned counsel for the petitioner is in attendance. 3. The learned Assistant Government Pleader for Home, on written instructions, would submit that based on the complaint submitted by the writ petitioner dated 29.07.2019, the police registered a case in Crime No. 284/2019 under Sections 419, 471 read with Section 34 of the IPC dated 05.09.2019 on the file of III Town Police Station, Eluru, West Godavari District, against the 4th respondent herein. The police 4 are investigating the case and will file the appropriate report upon conclusion of the investigation. 4. The writ petition is filed alleging that the police have not registered the FIR based on the complaint submitted by the writ petitioner. However, the submissions made by the learned Assistant Government Pleader for Home indicate that the police registered a case in Crime No. 384 of 2019 on the file of III Town Police Station, Eluru, West Godavari District, and are investigating the matter. In view of this, no further orders are required in this writ petition, and the writ petition has become infructuous. 5. Accordingly, the Writ Petition is dismissed as infructuous. There shall be no order as to costs. As a sequel thereto, interlocutory applications, if any, pending in this Writ Petition shall stand closed. ______________________________ JUSTICE B.V.L.N. CHAKRAVARTHI 17th October, 2025 cbn 5 65 THE HONOURABLE SRI JUSTICE B.V.L.N. CHAKRAVARTHI WRIT PETITION No.12622 of 2019 17th October, 2025 cbn