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2025 DAILYLAW 24193 (AP)

Dr. Srivalli Korrapati v. THE STATE OF ANDHRA PRADESH

WP/18185/2025 · 2025-07-24

Venkata Jyothirmai Pratapa

body2025

Judgment text

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APHC010341722025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] FRIDAY,THE TWENTY FIFTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 18185/2025 Between: 1. DR. SRIVALLI KORRAPATI, , W/O. G.VENKATA SUBRAMANYAM, AGED 48 YEARS, OCC PROPRIETOR OF MYRA AESTHETIC CENTRE R/O. DOOR NO. 47-3-25,3RD FLOOR, SEETHAMMAPETA, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI. AMARAVATI, GUNTUR DISTRICT. 2. THE COMMISSIONER OF POLICE, VISAKHAPATNAM COMMISSIONERATE, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT. 3. THE STATION HOUSE OFFICER, DWARAKA POLICE STATION, BALAYYA SASTRI LAYOUT, SEETHAMMADHARA, VISAKHAPATNAM, VISAKHAPATNAM 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, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondents, particularly 3rd respondent in not registering the crime on my complaint dated 26.05.2025 against the accused on the file of 3rd 2 respondent, in spite of the law laid down by Honble Supreme Court of India in Lalita Kumari vs Govt.of U.P. and Ors as illegal, irregular, irrational, amounts to non-discharge of legal obligation conferred on them under the provisions of Bharatiya Nagarik Suraksha Sanhita, 2023 and offends Articles 14 and 21 of Constitution of India and consequently direct the 3rd respondent to register the crime and prosecute the accused persons for appropriate offences and penal provisions of law and 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 the 3rd respondent to register the crime on petitioner’s complaint dated 26.05.2025 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: 1. RAJA DAMOJI RAO Counsel for the Respondent(S): 1. GP FOR HOME 3 The Court made the following: ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer: “….to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondents, particularly 3rd respondent in not registering the crime on my complaint dated 26.05.2025 against the accused on the file of 3rd respondent, in spite of the law laid down by Honble Supreme Court of India in Lalita Kumari vs Govt.of U.P. and Ors as illegal, irregular, irrational, amounts to non-discharge of legal obligation conferred on them under the provisions of Bharatiya Nagarik Suraksha Sanhita, 2023 and offends Articles 14 and 21 of Constitution of India and consequently direct the 3rd respondent to register the crime and prosecute the accused persons for appropriate offences and penal provisions of law and pass such.…” 2. Heard Sri Raja Damoji Rao, learned counsel for the petitioner and Sri V.Farook, Learned Assistant Government Pleader for Home. 3. Learned counsel for the petitioner would submit that the police are not registering the crime on the complaint dated 26.05.2025, made by the petitioner. 4. Learned Assistant Government Pleader on written instructions would submit that since no prima facie cognizable offence was made out after inquiry and the matter appears entirely civil, FIR was not registered. 5. Recording the same, this Writ Petition is disposed of. However, the petitioner is at liberty to recourse her remedies according to law before the appropriate forum. There shall be no order as to costs. 4 As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATAJYOTHIRMAI PRATAPA Date: 25.07.2025 MH 5 THE HONOURABLE DR JUSTICE VENKATAJYOTHIRMAI PRATAPA 115 WRIT PETITION NO: 18185/2025 Dt.25.07.2025 MH