APHC010376042020 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. Keerti Sai Lakshmi, W/o Nageswara rao R/o D.no.3 Village,Tuni Mandal, East Godavari District. 2. Keerti Nageswara Rao, S/o Appa Rao R/O D.NO.3 VILLAGE,TUNI MANDAL,EAST GODAVARI DISTRICT. 1. The State of Andhra, Pradesh,Rep.by the Principal Secretary, Home Department, Secretariat,Velagapudi,Guntur District. 2. The Additional Superintendent of Police, Narsipatnam,Visakhapatnam District. 3. The Station House Officer, Nathavaram District. 4. Sri Ramesh, Sub-Inspector of Police Nathavaram Police Station, Visakhapatnam District. 5. Gadam Kondal Rao, S/o Suryanarayana. R/o Gandhinagaram Village, Nathavaram Mandal, Visakhapatnam District. 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: 25116 OF 2020 1. Keerti Sai Lakshmi, W/o Nageswara rao R/o D.no.3-95,A- Village,Tuni Mandal, East Godavari District. 2. Keerti Nageswara Rao, S/o Appa Rao R/O D.NO.3-95,A-SURAVARAM VILLAGE,TUNI MANDAL,EAST GODAVARI DISTRICT. ...Peti AND 1. The State of Andhra, Pradesh,Rep.by the Principal Secretary, Home Department, Secretariat,Velagapudi,Guntur District. 2. The Additional Superintendent of Police, Narsipatnam,Visakhapatnam 3. The Station House Officer, Nathavaram Police Station,Visakhapatnam Inspector of Police Nathavaram Police Station, 5. Gadam Kondal Rao, S/o Suryanarayana. R/o Gandhinagaram Village, Nathavaram Mandal, Visakhapatnam District. IN THE HIGH COURT OF ANDHRA PRADESH THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA -Suravaram SURAVARAM ...Petitioners 1. The State of Andhra, Pradesh,Rep.by the Principal Secretary, Home 2. The Additional Superintendent of Police, Narsipatnam,Visakhapatnam Police Station,Visakhapatnam Inspector of Police Nathavaram Police Station, 5. Gadam Kondal Rao, S/o Suryanarayana. R/o Gandhinagaram Village, 6. Gadam Satyanarayana, S/o Suryanarayana. R/o Gandhinagaram Village, Nathavaram Mandal, Visakhapatnam District. 7. Gadam Bhadram, S/o Kondal Rao. R/o Ghandhinagaram Village, Nathavaram Mandal, Visakhapatnam District. 8. Gadam Narsababu, S/o Satyanarayana. R/o Ghandhinagaram Village, Nathavaram Mandal, Visakhapatnam District. ...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 to issue an appropriate Writ order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 3rd respondent in lodging the Crime against the petitioners vide FIR No.470 of 2020 dated 8.12.2020 on the file of the Nathavaram Police Station registered under Sec.107 of Cr.P.C is highly illegal,arbitrary,abuse of process of law, apart from violation of Articles 14,21 and 300-A of the Constitution of India and quash 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 to stay of all further proceedings pursuant to the Crime in FIR.No.470 of 2020 dated 8.12.2020 on the file of the Nathavaram Police Station pending disposal of the writ petition and pass Counsel for the Petitioners: V V N NARAYANA RAO Counsel for the Respondents: GP FOR HOME The Court made the following order: THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 25116 OF 2020 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “....to issue an appropriate Writ order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 3rd respondent in lodging the Crime against the petitioners vide FIR No.470 of 2020 dated 8.12.2020 on the file of the Nathavaram Police Station registered under Sec.107 of Cr.P.C is highly illegal,arbitrary,abuse of process of law, apart from violation of Articles 14,21 and 300-A of the Constitution of India and quash ..” 2. Heard Sri V.V.N.Narayana Rao, learned counsel for the petitioner and Sri Md.Farooq, learned Assistant Government Pleader for Home. 3. When the matter is taken up for hearing, the learned Assistant Government Pleader would submit that in view of the interim order dated 28.12.2020 passed by this Court no further orders are required to passed in this matter. 4. For ready reference, the relevant portion of the interim order dated 28.12.2020, passed by this Court is extracted herein under: “In the meanwhile, the proceedings in Crime No.470 of 2020 dated 08.12.2020 issued under Section 107 Cr.P.C are hereby stayed, for the simple reason that, Section 107 Cr.P.C deals with Security for keeping the peace in other cases. According to it, (1) When an Executive Magistrate receives information that any person is likely to commit a breach of the peace or disturb the public tranquility or to do any wrongful act that may probably occasion a breach of the peace or disturb the public tranquility and is of opinion that there is sufficient ground for proceeding, he may, in the manner hereinafter provided, require such person to show cause why he should not be ordered to execute a bond, with or without sureties, for keeping the peace for such period, not exceeding one year, as the Magistrate thinks fit. (2) Proceedings under this section may be taken before any Executive Magistrate when either the place where the breach of the peace or disturbance is apprehended is within his local jurisdiction or there is within such jurisdiction a person who is likely to commit a breach of the peace or disturb the public tranquility or to do any wrongful act as aforesaid beyond such jurisdiction. In the present case, for one reason or the other, the police registered crime against the petitioners under Section 107 Cr.P.C, with which the police are unconcerned to submit a report to the Executive Magistrate, who can conduct enquiry in the matter. Therefore, very registration of a crime against these petitioners under Section 107 Cr.P.C is illegal ex-facie.” 5. Considering the submissions made and in view of the interim order dated 28.12.2020, this writ petition is disposed of. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed. ________________________________________ Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA Date:03.09.2025 KKV THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 25116 OF 2020 03.09.2025 KKV