APHC010356872025 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: 18191/2025 Between: 1. MUTYALA MAHESH BABU, S/O LATE M VENKATA SRINIVAS RAO, AGE 34 YEARS, HINDU, RESIDENT OF DO.NO.24-929, ROAD NO.15, VISHNUPRIYA NAGAR, VELPUR, TANUKU MANDALAM, WEST GODAVARI DISTRICT-534222. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF HOME, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE SUPERINTENDENT OF POLICE, DISTRICT POLICE OFFICE, WEST GODAVARI DISTRICT, BHIMAVARAM, ANDHRA PRADESH 3. THE CIRCLE INSPECTOR OF POLICE, PENUGONDA, WEST GODAVARI DISTRICT, ANDHRA PRADESH 4. THE STATION HOUSE OFFICER, PENUGONDA POLICE STATION, PENUGONDA, WEST GODAVARI DISTRICT,ANDHRA PRADESH. ...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 toPleased to Issue a Writ of Mandamus or any other appropriate Writ, Order, or Direction declaring the action of the respondent-police in not registering FIR against one Mr. Kesavarapu Shanmukheswara Rao, S/o Tata Rao, aged 40 years, illegally residing at door. No.3-295 and 3-294, 2 Siddantham, West Godavari District for the offences under Sec.329, and 109 of BNS as illegal, arbitrary, violation of principles of natural justice and procedure contemplated under BNSS, 2023 apart from violation of fundamental rights of the Petitioner enshrined under Articles 14, 19, 20 and 21 of the Constitution of India, 1950 and consequently, direct the respondent- police, to lodge the FIR against One Mr. Kesavarapu Shanmukheswara Rao, S/o Tata Rao, aged 40 years, illegally residing at door. No.3-295 and 3-294, Siddantham, West Godavari District. For criminal trespass in to the petitioner's property 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-police to register the FIR against one Mr. Kesavarapu Shanmukheswara Rao, S/o Tata Rao, aged 40 years, illegally residing at door. No.3-295 and 3-294, Siddantham, West Godavari District for the offences under Sec.329, and 109 of BNS, pending disposal of the writ petition, and to pass Counsel for the Petitioner: 1. GINJALA VIJAYA KUMAR 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 of Mandamus or any other appropriate Writ, Order, or Direction declaring the action of the respondent-police in not registering FIR against one Mr. Kesavarapu Shanmukheswara Rao, S/o Tata Rao, aged 40 years, illegally residing at door. No.3-295 and 3-294, Siddantham, West Godavari District for the offences under Sec.329, and 109 of BNS as illegal, arbitrary, violation of principles of natural justice and procedure contemplated under BNSS, 2023 apart from violation of fundamental rights of the Petitioner enshrined under Articles 14, 19, 20 and 21 of the Constitution of India, 1950 and consequently, direct the respondent-police, to lodge the FIR against One Mr. Kesavarapu Shanmukheswara Rao, S/o Tata Rao, aged 40 years, illegally residing at door. No.3-295 and 3-294, Siddantham, West Godavari District. For criminal trespass in to the petitioner's property and pass.…” 2. Heard Sri G.Vijay Kumar, 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 FIR on the complaint made by the petitioner. 4. Learned Assistant Government Pleader would submit that a case been registered and no further orders are required to be passed in this matter. 5. Recording the same, this Writ Petition is disposed of. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATAJYOTHIRMAI PRATAPA Date: 25.07.2025 MH 4 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA 113 WRIT PETITION NO: 18191/2025 Dt.25.07.2025 MH