APHC010344402025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] FRIDAY, THE ELEVENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 17410/2025 Between: 1. SIRRA ELIYA RAJU, S/O ELIYAAZARU, AGED 52 YEARS, PASTOR, RESIDENT OF AKULAVAANI GARUVU VILLAGE, KONTHERU SIVARU, ELAMANCHILI MANDAL, WEST GODAVARI DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, REPRESENTED BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 2. SUPERINTENDENT OF POLICE, BHIMAVARAM, W.G. DISTRICT. 3. DY SUPERINTENDENT OF POLICE, NARASAPURAM, W. G. DISTRICT. 4. THE CIRCLE INSPECTOR OF POLICE, PALAKOLLU RURAL CIRCLE OFFICE, PALAKOLLU, W.G. DISTRICT. 5. STATION HOUSE OFFICER, ELAMANCHILI P.S., ELAMANCHILI, W.G. DISTRICT. 6. TENNETI RATNAM RAJU, FATHER'S NAME NOT KNOWN TO THIS PETITIONER, AGED 45 YEARS, BUSINESS, RESIDENT 2 OF AKULAVAANI GARUVU VILLAGE, KONTHERU SIVARU, ELAMANCHILI MANDAL, WEST GODAVARI DISTRICT. 7. SIRRA SUNIL, S/O KUMARRAJU, AGED 35 YEARS, BUSINESS, RESIDENT OF AKULAVAANI GARUVU VILLAGE, KONTHERU SIVARU, ELAMANCHILI MANDAL, WEST GODAVARI DISTRICT. 8. SIRRA KIRAN KUMAR, S/O JEEVARATNAM, AGED 32 YEARS, BUSINESS, RESIDENT OF AKULAVAANI GARUVU VILLAGE, KONTHERU SIVARU, ELAMANCHILI MANDAL, WEST GODAVARI DISTRICT. 9. SIRRA RAJESH, S/O JEEVARATNAM, AGED 30 YEARS, BUSINESS, RESIDENT OF AKULAVAANI GARUVU VILLAGE, KONTHERU SIVARU, ELAMANCHILI MANDAL, WEST GODAVARI DISTRICT. 10. SIRRA JEEVARATHNAM, , S/O SUDARSHAN, AGED 55 YEARS, BUSINESS, RESIDENT OF AKULAVAANI GARUVU VILLAGE, KONTHERU SIVARU, ELAMANCHILI MANDAL, WEST GODAVARI 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 to issue any writ, order or direction more particularly one in the nature of Writ of Mandamus to declare the action of the respondents 2 to 5 especially respondent No. 5 in not registering the FIR against the Respondent NO.6 to 10 on the complaint dt..5.2025 given by the petitioner as, illegal, arbitrary and contrary to the provisions of the Bharatiya Nagarik Suraksha Sanhita, 2023 and also violation of principles of natural justice and also violation of Article 14, 19 and Art. 21 of the Constitution of India and consequently direct the Respondent No.5 to register the FIR basing on the complaint of the petitioner dt.6.5.2025 and take appropriate action against the Respondent NO.6 to 10 in accordance with law and to 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 3 be pleased pleased direct the Respondent No.5 to register the FIR basing on the complaint of the petitioner dt 6.5.2025 and take appropriate action against the Respondent NO.6 to 10 in accordance with law pending disposal of the above writ petition pending disposal of the above writ petition and to pass Counsel for the Petitioner: 1. GOWRI SANKAR CHEEKATLA Counsel for the Respondent(S): 1. GP FOR HOME The Court made the following: 4 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 17410 of 2025 ORDER:- Heard learned counsel for the petitioner and learned Assistant Government Pleader appearing for the Home. 2. Learned counsel for the petitioner submits that the petitioner is aggrieved by the action of 5th respondent in not considering the petitioner's representation dated 06.05.2025. 3. Learned Assistant Government Pleader appearing for the Home submits that the petitioner’s representation dated 06.05.2025 will be considered by the 5th respondent, as per law. 4. Considering the facts and circumstances of the case, this Court is inclined to dispose of the Writ Petition at the stage of admission itself, directing the 5th respondent to consider the petitioner’s representation dated 06.05.2025, if not already considered, in accordance with law and the procedure contemplated under Section 173(3) of the BNSS, 2023. 5. Accordingly, this Writ Petition is disposed of. There shall be no order as to costs. 5 As a sequel, miscellaneous petitions pending, if any, shall stand closed. ___________________ JUSTICE HARINATH.N Dt: 11.07.2025 sj 6 111 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 17410 of 2025 Dt: 11.07.2025 sj