1 v \ 'ft' V > APHC010335542025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY,THE NINTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 17032 OF 2025 Between: 1. Mutcha Thatayya, S/o Late Ramadas, Aged about 78 years, R/o Door No 14-12-291 Sivamma Colony, Dandhi Veedhi, CB Road, Srikakulam District. 2. Mutcha Rambabu, S/o Mutcha Thatayya, Aged about 50 years, R/o Door No 14-12-291 District. Sivamma Colony, Dandhi Veedhi, CB Road, Srikakulam ...Petitioners AND 1. The State Of Andhra Pradesh, Rep. by its Principal Secretary to Government, Home Department, A.P Secretariat, Velagapudi, Amaravati, Guntur District. 2. Superintendent of Police, Srikakulam, Srikakulam District. 3. The Inspector of Police, Rural Circle Police Station, Near Old Bus Stand, Srikakulam Srikakulam District. 4. Station House Officer, One Town Police Station Srikakulam, Srikakulam District. Near Old Bus Stand, 5. Station House Officer, Srikakulam Rural Police Station Mandal, Srikakulam District. Srikakulam r ..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, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondents in not registering the crime on petitioners complaint dated 01.06.2025 oh the file of 4th respondent as being illegal, irregular and amounts to non-discharge of legal obligation conferred on the respondents under the provisions of the Bharatiya Nagarik Suraksha Sanhita, 1973, as illegal, irregular, irrational, amounts to non discharge of legal obligation conferred on them under the provisions of Bharatiya Nagarik Suraksha Sanhita and offends Articles 14 and 21 of Constitution of India and consequently direct the respondents 4 and 5 to register the crime and prosecute the accused persons for appropriate offences and penal provisions of law. 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 direct the 4th respondent to register the crime on petitioners’ complaint dt. 01.06.2025 and prosecute the accused persons for appropriate offences and penal provisions of law, pending disposal of the main Writ Petition. Counsel for the Petitioners: SRINIVAS AMBATI Counsel for the Respondent Nos.1 to 5: GP FOR HOME The Court made the following order: ■r. APHC010335542025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] 7- 0^: WEDNESDAY,THE NINTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 17032/2025 Between: 1.MUTCHA THATAYYA. S/0 LATE RAMADAS, AGED ABOUT 78 YEARS, R/0 DOOR NO 14-12-291 SIVAMMA COLONY, DANDHI VEEDHI, CB ROAD, SRIKAKULAM DISTRICT. 2.MUTCHA RAMBABU YEARS, R/0 DOOR NO 14-12-291 VEEDHI, CB ROAD, SRIKAKULAM DISTRICT. S/0 MUTCHA THATAYYA, AGED ABOUT 50 SIVAMMA COLONY, DANDHI ...PETITIONER(S) AND ANDHRA PRADESH, REP. BY ITS PRINCIPAL HOME DEPARTMENT, A.P 1.THE STATE OF SECRETARY TO GOVERNMENT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. SECRETARIAT, SRIKAKULAM, SRIKAKULAM 2.SUPERINTENDENT OF POLICE DISTRICT. I INSPECTOR OF POLICE, RURAL CIRCLE POLICE STATION, NEAR OLD BUS STAND, SRIKAKULAM SRIKAKULAM DISTRICT. 3.THE 4. STATION HOUSE OFFICER, ONE TOWN POLICE STATION, NEAR OLD BUS STAND, SRIKAKULAM, SRIKAKULAM DISTRICT. 5. STATION HOUSE OFFICER, SRIKAKULAM RURAL POLICE SRIKAKULAM MANDAL, SRIKAKULAM DISTRICT. ...RESPONDENT(S): STATION 2 / 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, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondents in not registering the crime on petitioners complaint dated 01.06.2025 on the file of 4th respondent as being illegal, irregular and amounts to non-discharge of legal obligation conferred on the respondents under the provisions of the Bharatiya Nagarik Suraksha Sanhita, 1973, as illegal, irregular, irrational, amounts to non discharge of legal obligation conferred on them under the provisions of Bharatiya Nagarik Suraksha Sanhita and offends Articles 14 and 21 of Constitution of India and consequently direct the respondents 4 and 5 to register the crime and prosecute the accused persons for appropriate offences and penal provisions of law and pass such lA NO: 1 OF 2025 \v ' 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 the 4th respondent to register the crime on petitioners’ complaint dt. 01.06.2025 and prosecute the accused persons for appropriate offences and penal provisions of law, pending disposal of the main Writ Petition and pass such Counsel for the Petitioner(S): 1.SRINIVAS AMBATI Counsel for the Respondent(S): 1.GP FOR HOME 3 The Court made the following Order: Heard learned counsel for the petitioners and learned Assistant Government Pleader for Home, appearing for the respondents. Learned counsel for the petitioners submits that the petitioner is aggrieved by the action of the respondents in failing to act upon the complaint of the petitioners dated 01.06.2025. 2. 3. The learned Assistant Government Pleader appearing for the Home submits that the complaint of the petitioners dated 01.06.2025, will be considered by the respondents, as per the law. Considering the facts and circumstances of the case, this Court is 4. inclined to dispose of the Writ Petition at the stage of admission itself, directing the respondents to consider the petitioners’ complaint dated 01.06.2025, in accordance with law and as per the procedure contemplated under Section 173(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023, (for short, “BNSS”). 5. Accordingly, this Writ Petition is disposed of. No costs. 6. As a sequel, miscellaneous petitions, if any, shall stand closed. Sd/- K. TATA RAO deputy registrar SECTION OFFICER //TRUE COPY// To, Home Department, A.P 1. The Principal Secretary to Government, Secretariat, Velagapudi, Amaravati, Guntur District. 2. Superintendent of Police, Srikakulam, Srikakulam District. 3. The Inspector of Police, Rural Circle Police Station. Near Old Bus Stand Srikakulam Srikakulam District. 4. Station House Officer, One Town Police Station, Srikakulam, Srikakulam District. 5. Station House Officer, Srikakulam Rural Police Station, Mandal, Srikakulam District. 6. One CC to Sri. Srinivas Ambati Advocate [OPUC] 7. Two CCs to GP For Home, High Court of Andhra Pradesh [OUT] 8. Three CD Copies. Near Old Bus Stand, Srikakulam AL HIGH COURT DATED:09/07/2025 ORDER WP NO. 17032 OF 2025 ^OF 5 ?t JUL rS m ^ . Current Section DISPOSING OF THE W.P. WITHOUT COSTS I