APHC010353352020 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) WEDNESDAY,THE THIRD DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION Between: 1. Chelikani Anji Babu,, S/o Sri Ramulu, aged 47 years, Occ tailoring, R/o. Flat No.203, K.K. Ates, Vidya Nagar Extension, 2nd lane, Guntur. 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Depar of Home, Secretariat Buildings, Velagapudi, Guntur District. 2. The Superintendent of Police, Guntur Urban, Guntur, Guntur District. 3. The Station House Officer, Arundelpet Police Station, Arundelpet, Guntur District. 4. Sayyad Allabhakshu, S/o Raso R/o. Flat No.201, Mahendra Enclave Apartment, 4th lane, SVN Colony, Gujjanagundla, Guntur. 5. Nalluri Koteswara Rao, S/o Butchaiah, Aged about 73 years, Occ business, R/o. Door No.41-21-56/9, 2nd lane, Krishna Nag 6. Marri Suresh Babu, S/o Singarao, Aged about 49 years, Occ Business, R/o. Door No.26-33-16, 7th lane, A.T. Agraharam, Guntur. 1 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY,THE THIRD DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 23499 OF 2020 1. Chelikani Anji Babu,, S/o Sri Ramulu, aged 47 years, Occ tailoring, R/o. Flat No.203, K.K. Ates, Vidya Nagar Extension, 2nd lane, Guntur. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Depar of Home, Secretariat Buildings, Velagapudi, Guntur District. 2. The Superintendent of Police, Guntur Urban, Guntur, Guntur District. 3. The Station House Officer, Arundelpet Police Station, Arundelpet, Guntur 4. Sayyad Allabhakshu, S/o Rasool, Aged about 50 years, Occ Business, R/o. Flat No.201, Mahendra Enclave Apartment, 4th lane, SVN Colony, 5. Nalluri Koteswara Rao, S/o Butchaiah, Aged about 73 years, Occ business, 56/9, 2nd lane, Krishna Nagar, Guntur. 6. Marri Suresh Babu, S/o Singarao, Aged about 49 years, Occ Business, R/o. 16, 7th lane, A.T. Agraharam, Guntur. IN THE HIGH COURT OF ANDHRA PRADESH THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA 1. Chelikani Anji Babu,, S/o Sri Ramulu, aged 47 years, Occ tailoring, R/o. Flat ...Petitioner 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Department 2. The Superintendent of Police, Guntur Urban, Guntur, Guntur District. 3. The Station House Officer, Arundelpet Police Station, Arundelpet, Guntur ol, Aged about 50 years, Occ Business, R/o. Flat No.201, Mahendra Enclave Apartment, 4th lane, SVN Colony, 5. Nalluri Koteswara Rao, S/o Butchaiah, Aged about 73 years, Occ business, 6. Marri Suresh Babu, S/o Singarao, Aged about 49 years, Occ Business, R/o. 2 7. Nuvvula Srinivasa Rao, S/o Lakshmi Narayana, Aged about 47 years, Occ business, R/o. 1/4, 1st lane, Vidya Nagar, Guntur. 8. Yarlagadda Ravi, S/o. not known to the petitioner, Aged about 40 years, Occ advocate, R/o.Door No., G.M.C.No.229, 3rd lane, Rajendra Nagar, Guntur. ...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 pleased to issue a Writ, Order or Direction more particularly in the matter of Writ of Mandamus, declaring the action of the respondents 2 and 3 police in not registering the FIR basing on the complaint made by the petitioner dated 07.09.2020 against the accused is illegal, arbitrary and in violation of the law and procedure as contemplated under the law and in violation of Article 14, 19 and 21 of the Constitution of India and consequently direct the 3rd respondent police to register a crime basing on the complaint dated 07.09.2020 given by the petitioner and to pass IA NO: 1 OF 2020 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 3rd respondent police to register a crime basing on the petitioner's complaint dated 07.09.2020 against the accused in accordance with law and procedure as contemplated under Cr.P.C, pending disposal of the main writ petition and pass Counsel for the Petitioner: N V R AMARNATH Counsel for the Respondents: GP FOR HOME Counsel for the Respondents:VENKATESWARA RAO GUDAPATI The Court made the following order: 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 23499 OF 2020 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “…pleased to issue a Writ, Order or Direction more particularly in the matter of Writ of Mandamus, declaring the action of the respondents 2 and 3 police in not registering the FIR basing on the complaint made by the petitioner dated 07.09.2020 against the accused is illegal, arbitrary and in violation of the law and procedure as contemplated under the law and in violation of Article 14, 19 and 21 of the Constitution of India and consequently direct the 3rd respondent police to register a crime basing on the complaint dated 07.09.2020 given by the petitioner and to pass.…” 2. Heard Sri N.V.R.Amarnath, learned Counsel for the petitioner and Sri Md.Farooq, learned Assistant Government Pleader for Home appearing for the respondents. 3. When the matter is taken up for hearing, the learned Assistant Government Pleader, on instructions, submitted that the grievance raised by the petitioner relates to transactions concerning purchase of plots from a private developer, which has given rise to civil disputes. It is also stated that some of the purchasers, including the petitioner, have already approached the Consumer Forum and civil remedies are available. Hence, the issue is of civil nature and does not warrant registration of crime. 4 4. Learned Counsel for the petitioner would submit that recording the same, the petition may be disposed of, giving liberty to the petitioner to pursue the matter before appropriate forum. 5. Recording the same, the Writ Petition is disposed of. However, the petitioner is at liberty to workout his remedies according to law before the appropriate forum. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 03.09.2025 KKV 5 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 23499 OF 2020 03-09-2025 KKV 6