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2025 DAILYLAW 26070 (AP)

CHANDURI KOTAYYACHARI v. THE STATE OF AP

WP/18873/2025 · 2025-07-23

Venkata Jyothirmai Pratapa

body2025

Judgment text

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APHC010369662025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY,THE TWENTY FOURTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 18873/2025 Between: 1. CHANDURI KOTAYYACHARI, S/O KRISHNAMMACHARI, AGED 61 YEARS, R/O D.NO. 32-177, BOMALLA COLONY, KONDAPALLI VILLAGE, IBRAHIMPATNAM MANDAL, NTR DISTRICT, ANDHRA PRADESH. ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE DIRECTOR GENERAL OF POLICE, GOVERNMENT OF ANDHRA PRADESH, MANGALAGIRI, GUNTUR DISTRICT. 3. THE COMMISSIONER OF POLICE, NTR COMMISSIONERATE, VIJAYAWADA, ANDHRA PRADESH. 4. THE STATION HOUSE OFFICER, IBRAHIMPATNAM POLICE STATION, NTR 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, order, or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 4TH Respondent in showing partisan attitude by registering FIR No.244/2025 dt. 12.05.2025 against the petitioner while failing to act on the petitioner's complaint dt. 2 10.05.2025, despite medical evidence of injuries, as illegal, arbitrary, unconstitutional, and in violation of Articles 14 and 21 of the Constitution of India, and the applicable Police Standing Orders And consequently direct the respondents to take appropriate action against the erring police officials for failure of duty, and further direct registration of a proper FIR based on the petitioner's complaint dt. 10.05.2025 And pass Counsel for the Petitioner: 1. BILAAL AHMED SYED 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 for: “…to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 4th Respondent in showing partisan attitude by registering FIR No.244/2025 dt.12.05.2025 against the petitioner while failing to act on the petitioner’s complaint dt.10.05.2025 despite medical evidence of injuries, as illegal, arbitrary, unconstitutional and in violation of Articles 14 and 21 of the Constitution of India, and the applicable Police Standing Orders; And consequently direct the respondents to take appropriate action against the erring police officials for failure of duty and further direct registration of a proper FIR based on the petitioner’s complaint dt.10.05.2025 and pass such other or further order…” 2. Heard learned counsel for the petitioner and learned Assistant Government Pleader for Home representing the respondents. 3. Learned counsel for the petitioner would submit that Police registered Crime No.244 of 2025 against the petitioner but did not choose to register the complaint made by the petitioner. 4. Learned Assistant Government Pleader for Home, on instructions, would submit that a case has been registered against the petitioner for the offences under Sections 329(2), 115(2), 76, 351(2) r/w 3(5) of BNS. It is a fact that the petitioner also gave a complaint, but it did not make out any case to register, since it is a false one, that is why the Police did not register the complaint of the petitioner. The Public Grievance Application of the petitioner was also closed. 4 5. Considering the submissions, the Writ Petition is disposed of. However, the petitioner is at liberty to recourse his remedies according to law before the appropriate forum. No order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 24.07.2025 JLV 5 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.18873 of 2025 Dated.24.07.2025 JLV 121