YANALA KOTESWAR RAO v. THE STATE OF ANDHRA PRADESH
WP/19244/2025 · 2025-07-30
Venkata Jyothirmai Pratapa
body2025
DailyLaw.ai
[ 2025 DAILYLAW 26403 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 26403 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010373882025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY,THE THIRTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 19244/2025 Between:
1. YANALA KOTESWAR RAO, S/O.VENKAIAH, AGED ABOUT 57 YEARS, OCC AGRICULTURE, R/O.ANIGANDLAPADU VILLAGE, PENUGANCHIPROLU MANDAL, NTR DISTRICT. ...PETITIONER AND
1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY,
HOME DEPARTMENT,
SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE COMMISSIONER OF POLICE, NTR COMMISSIONARATE, VIJAYAWADA, NTR DISTRICT. 3. THE STATION HOUSE OFFICER, PENUGANCHIPROLU POLICE STATION, PENUGANCHIPROLU MANDAL, NTR DISTRICT. 4. SMT DAGGUPATI NAGAMANI, W /O.BADHRAIAH, AGED ABOUT 25 YEARS, OCC AGRICULTURE, R/O.ANIGANDLAPADU VILLAGE, PENUGANCHIPROLU MANDAL, NTR 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 to declare the action of the Respondent No.3 in not registering the FIR in pursuant to the Complaint dated 09-07-2025 even in spite of the contents of the complaint clearly
2
disclose the commission of cognizable offences and further threatening the Petitioner to withdraw Complaint and thereby harassing the Petitioner to implicate in false case in case his demands are not complied with as arbitrary, illegal and in violation of Article 14 and 21 of the Constitution of India and consequently direct the Respondent No.3 to register the FIR in pursuant to the Complaint dated 09-07-2025 filed by the Petitioner in terms of Sec. 173 of BNSS and further direct the Respondent No.3 not to threaten or harass the Petitioner without following due process of law in the interest of justice 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 Respondent No.3 not to threaten the Petitioner to withdraw the complaint dated 09-07-2025 made before the 3rd Respondent against the 4th Respondent and others for committing the offences of trespass, mischief, criminal intimidation etc., pending disposal of the main writ petition in the interest of justice. Counsel for the Petitioner:
1. P NAGENDRA REDDY 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 to declare the action of the Respondent No.3 in not registering the FIR in pursuant to the Complaint dated 09-07-2025 even in spite of the contents of the complaint clearly disclose the commission of cognizable offences and further threatening the Petitioner to withdraw Complaint and thereby harassing the Petitioner to implicate in false case in case his demands are not complied with as arbitrary, illegal and in violation of Article 14 and 21 of the Constitution of India and consequently direct the Respondent No.3 to register the FIR in pursuant to the Complaint dated 09- 07-2025 filed by the Petitioner in terms of Sec. 173 of BNSS and further direct the Respondent No.3 not to threaten or harass the Petitioner without following due process of law in the interest of justice.…”
2. Sri V.Farook, learned Assistant Government Pleader, on written instructions, would submit that the matter is pending before the Commissioner of Police, N.T.R. Police Commissionerate, Vijayawada, for taking appropriate decision. 3. Sri P.Nagendra Reddy, learned counsel for the petitioner, would submit that recording the same, this writ petition may be disposed of. 4. Recording the submission of learned Assistant Government Pleader, this writ petition is disposed of. However, the police are directed to look into the matter and follow due process of law. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATAJYOTHIRMAI PRATAPA Date: 31.07.2025 MH
4
THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA
52
WRIT PETITION NO: 19244/2025
Dt.31.07.2025
MH