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2025 DAILYLAW 21517 (AP)

B NARESH v. THE STATE OF AP

WP/15271/2025 · 2025-06-24

Harinath N

body2025

Judgment text

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1 HN, J W.P.No.15271_2025 APHC010304472025 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: 15271/2025 Between: 1. B NARESH, W/O B.SREENIVASULU, AGED 42 YEARS, OCC PROPRIETOR OF M/S. SREENIVASA PACKAGED DRINKING WATER, R/O D.NO.5-2-68, SREEKANTAPURAM, HINDUPUR TOWN, ANANTAPUR DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, REP. BY THE PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT BUILDINGS AT VELAGAPUDI, AMARAVATHI, A.P. 2. THE SUPERINTENDENT OF POLICE, SRI SATHYA SAI DISTRICT, AT PUTTAPARTHI, ERSTWHILE ANANTAPUR DISTRICT. 3. THE DEPUTY SUPERINTENDENT OF POLICE, HINDUPUR DIVISION, HINDUPUR, SRI SATHYA SAI DISTRICT ERSTWHILE ANANTAPUR DISTRICT. 4. THE STATION HOUSE OFFICER, HINDUPUR II POLICE STATION, HINDUPUR, SRI SATHYA SAI DISTRICT, ERSTWHILE ANANTAPUR 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 2 HN, J W.P.No.15271_2025 pleased topleased to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring questioning the inaction of the respondent police in taking action on the petitioner compliant dated 02.06.2025 and further action of the police authorities in harassing the petitioner to withdraw the compliant made by him as illegal and arbitrary, unjust, and violative of Articles 14, and 21 of the Constitution of India and pass 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 pleased to direct the respondents to take necessary action against culprits by considering the petitioner's compliant dated 02.06.2025 forthwith, pending disposal of the writ petition, and pass Counsel for the Petitioner: 1. P NARAHARI BABU Counsel for the Respondent(S): 1. GP FOR HOME 3 HN, J W.P.No.15271_2025 The Court made the following Order: 1. Heard. 2. The learned counsel for the petitioner submits that the respondent Nos.2 to 4 are not registering the crime pursuant to the petitioner’s complaint dated 02.06.2025. It is submitted that the petitioner’s wife has filed a complaint against the 3rd parties and the Police are insisting the petitioner to withdraw the same. 3. The learned Assistant Government Pleader appearing for the Home Department submits that the petitioner’s complaint dated 02.06.2025 will be considered by the respondents, 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 the respondent No.4 to consider the petitioner’s complaint dated 02.06.2025, in accordance with law and as per the procedure contemplated under Section 173(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023, (for short, “BNSS”). It is made clear that the respondent No.4 shall not interfere into the disputes pending between the petitioner and others 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.15271_2025 194 HONOURABLE SRI JUSTICE HARINATH.N Writ Petition No.15271 of 2025 Date: 25.06.2025 JLV