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2025 DAILYLAW 21178 (AP)

NAMA RAMA PRASAD v. The State of Andhra Pradesh,

WP/15196/2025 · 2025-06-24

Harinath N

body2025

Judgment text

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1 HN, J W.P.No.15196_2025 APHC010300222025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] WEDNESDAY ,THE TWENTY FIFTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 15196/2025 Between: 1. NAMA RAMA PRASAD, S/O.NAMA KANAKAMAIAH, AGED ABOUT 44 YEARS, OCC AGRICULTURE, R/O. D.NO.1/509-A3, MUDIGUBBA VILLAGE, SRI SATYA SAI DISTRICT ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 2. THE DIRECTOR GENERAL OF POLICE, STATE OF ANDHRA PRADESH, A.P POLICE HEADQUARTERS AT MANGALAGIRI, GUNTUR DISTRICT. 3. THE SUPERINTENDENT OF POLICE, SRI SATYA SAI DISTRICT, PUTTAPARTHI. 4. THE DEPUTY SUPERINTENDENT OF POLICE, DHARMAVARAM, SRI SATYA SAI DISTRICT. 5. THE CIRCLE INSPECTOR OF POLICE, MUDIGUBBA URBAN POLICE STATION MUDIGUBBA MANDAL,SRI SATYA SAI DISTRICT. 6. THE STATION HOUSE OFFICER, MUDIGUBBA URBAN POLICE STATION MUDIGUBBA MANDAL, SRI SATYA SAI DISTRICT 2 HN, J W.P.No.15196_2025 7. KRISTAM SURYANARAYANA, S/O. K.RATHAIAH, R/O. D.NO.17/3395, MAIN ROAD, MUDIGUBBA VILLAGE AND MANDAL, SRI SATYA SAI DISTRICT. 8. KRISTAM PEDDI RAJU, S/O. K. SURYANARAYANA, R/O. D.NO.17/3395, MAIN ROAD, MUDIGUBBA VILLAGE AND MANDAL, SRI SATYA SAI DISTRICT. ...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 tomay be pleased to issue a writ or order or direction more particularly one in the nature of writ of mandamus declaring the action of Respondent Nos.3 to 6 in not registering a First Information Report (F.I.R) against Respondent Nos.7 and 8 pursuant to the complaints of the petitioner dated 10.02.2025 and 24.02.2025 even though the complaint discloses the commission of a cognizable offence, as illegal, arbitrary, unconstitutional, unjust and violative of Article 14 and 21 of the Constitution of India, Consequently direct Respondents Nos.3 to 6 to register and FIR against Respondent Nos.7 and 8, pursuant to the complaints of the petitioner dated 10.02.2025 and 24.02.2025 and to pass such IA 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 may be pleased to direct Respondents Nos.3 to 6 to register and FIR against Respondent Nos.7 & 8, pursuant to the complaints of the petitioner dated 10.02.2025 & 24.02.2025 pending disposal of the above writ petition and to pass such Counsel for the Petitioner: 1. DODDAKA HARSHA VARDHAN Counsel for the Respondent(S): 1. GP FOR HOME 3 HN, J W.P.No.15196_2025 The Court made the following Order: 1. Heard. 2. The learned counsel for the petitioner submits that respondent Nos.3 to 6 2 are not registering the crime pursuant to the petitioner’s complaints dated 10.02.2025 and 24.02.2025. 3. The learned Assistant Government Pleader appearing for the Home Department submits that the petitioner’s complaints dated 10.02.2025 and 24.02.2025 will be considered by respondent Nos.3 to 6, as per the law. 4. Considering the facts and circumstances of the case, this Court is inclined to disposed off the Writ Petition at the stage of admission itself, directing respondent No.6 to consider the petitioner’s complaints dated 10.02.2025 and 24.02.2025, in accordance with law and as per the procedure contemplated under Section 173(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023, (for short, “BNSS”), if not considered earlier. It is also made clear that respondent Nos.4 to 6 shall not interfere in civil disputes pending between the petitioner without following due process of law. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________ JUSTICE HARINATH.N Date: 25.06.2025 JLV 4 HN, J W.P.No.15196_2025 201 HONOURABLE SRI JUSTICE HARINATH.N Writ Petition No.15196 of 2025 Date: 25.06.2025 JLV