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High Court of Andhra Pradesh · body

2025 DAILYLAW 20163 (AP)

M. Bhasker, v. The State of Andhra Pradesh

WP/18609/2020 · 2025-08-20

Venkata Jyothirmai Pratapa

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Judgment text

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APHC010281832020 IN THE HIGH COURT OF ANDHRA PRADESH FRIDAY, THE TWENTY SECOND DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 18609 OF 2020 Between: 1. M. Bhasker,, S/o. M. Munaswamy, Aged about 56 years, Hindu, Occ. Cultivation, R/o. 323 Sathuvachare Phase Vellore Town, Chittoor District, A.P. 2. M. Ramu,, S/o. M. Munaswamy, Aged about 40 years, Hindu, Occ. Cultivation, R/o. D. No. 1 Post, Chittoor Town and District, A.P. 3. M. Lakshmipati,, S/o. M. Munaswamy, Aged about 40 years, Hindu, Occ. Cultivation, R/o. D. No. 1 and Post, Chittoor Town and District, A 4. M. Elayaraja,, S/o. Munaswamy, Aged about 37 years, Hindu, Occ. Cultivation, R/o. D. No. 1 Chittoor Town and District, A.P. 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Home Department, Secretariate Buildings, Secretariate, Velagapudi, Amaravathi, Guntur District, A.P. 1 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THE TWENTY SECOND DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA PETITION NO: 18609 OF 2020 1. M. Bhasker,, S/o. M. Munaswamy, Aged about 56 years, Hindu, Occ. Cultivation, R/o. 323 Sathuvachare Phase Vellore Town, Chittoor District, A.P. 2. M. Ramu,, S/o. M. Munaswamy, Aged about 40 years, Hindu, ultivation, R/o. D. No. 1-290, Thenebanda Village and Post, Chittoor Town and District, A.P. 3. M. Lakshmipati,, S/o. M. Munaswamy, Aged about 40 years, Hindu, Occ. Cultivation, R/o. D. No. 1-290, Thenebanda Village and Post, Chittoor Town and District, A.P. 4. M. Elayaraja,, S/o. Munaswamy, Aged about 37 years, Hindu, Occ. Cultivation, R/o. D. No. 1-13, Thenebanda Village and Post, Chittoor Town and District, A.P. ...Petitioners AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Department, Secretariate Buildings, Secretariate, Velagapudi, Amaravathi, Guntur District, A.P. IN THE HIGH COURT OF ANDHRA PRADESH THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA 1. M. Bhasker,, S/o. M. Munaswamy, Aged about 56 years, Hindu, Occ. Cultivation, R/o. 323 Sathuvachare Phase - 1, 2. M. Ramu,, S/o. M. Munaswamy, Aged about 40 years, Hindu, 290, Thenebanda Village and 3. M. Lakshmipati,, S/o. M. Munaswamy, Aged about 40 years, 290, Thenebanda Village 4. M. Elayaraja,, S/o. Munaswamy, Aged about 37 years, Hindu, 13, Thenebanda Village and Post, ...Petitioners 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Department, Secretariate Buildings, Secretariate, 2 2. The Superintendent of Police, Chittoor, Chittoor District, A.P. 3. The Deputy Superintendent of Police, , Chittoor, Chittoor District, A.P. 4. The Station House Officer, , II-Town Police Station, Chittoor District, A.P. 5. Munemma, , W/o. Late Kandaswamy, Aged about 58 years, R/o. D. No. 1-10, Thenebanda Village and Post, Chittoor Town and District, A.P. 6. Selvaraj, S/o. Late Kondaswamy, Aged about 50 years, Thenebanda Village and Post, Chittoor Town and District, A.P. ...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 pleased to issue order, direction or writ more particularly one in the nature of Writ of Mandamus declaring the action of the 4th respondent police in not registering the F.I.R., basing on the complaint dated 14-08-2020 of the petitioners as illegal, contrary to the Code of Criminal Procedure and inviolation of Art. 14 of Constitution of India and consequently direct the 4th respondent police to register the F.I.R., and provide police protection to the petitioners and pass IA NO: 1 OF 2020 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 4th 3 respondent police to register the F.I.R., basing on the petitioners complaint dated 14-08-2020 and duly providing police aid to the petitioners and their family members pending disposal of the above writ petition and pass Counsel for the Petitioners: P NARASIMHULU Counsel for the Respondents: GP FOR HOME The Court made the following order: 4 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 18609 OF 2020 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “…pleased to issue order, direction or writ more particularly one in the nature of Writ of Mandamus declaring the action of the 4th respondent police in not registering the F.I.R., basing on the complaint dated 14- 08-2020 of the petitioners as illegal, contrary to the Code of Criminal Procedure and inviolation of Art. 14 of Constitution of India and consequently direct the 4th respondent police to register the F.I.R., and provide police protection to the petitioners and pass…” 2. Heard Sri Narasimhulu Parise, learned Counsel for the petitioner and Sri Md.Farooq, learned Assistant Government Pleader for Home for the respondents. 3. When the matter is taken up for hearing, learned Assistant Government Pleader for Home would submit that since the matter is of civil in nature, crime is not registered on the representation dated 14.08.2020 of the petitioner. 4. Learned Counsel for the petitioner would submit that recording the same, the petition may be disposed of, giving liberty to the petitioner to pursue the matter before appropriate forum. 5 5. Recording the same, the Writ Petition is disposed of. However, the petitioner is at liberty to recourse their remedies according to law before the appropriate forum. No order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 21.08.2025 KKV 6 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.18609 of 2020 Dated.21.08.2025 KKV 7