APHC010378972025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE THIRTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 19499 OF 2025 Between: A Konda Babu, S/o Sathyam, Occ Proprietor Sri Iswarya Sai Hatcheries, aged about 50 years, R/o D. No 1-1/1, Avulamada Village, Perumalla Puram Panchayath, Thondangl Mandal, Kakinada District, (Erstwhile East Godavri District). ...Petitioner AND 1. The State of Andhra Pradesh, Rep by its Principal Secretary, Home Department, Secretariat Buildings, Mandadam Village, Thulluru Mandal, Guntur District. 2. The superintendent of Police, Kakinada District, (Erstwhile East Godavari District). 3. The Deputy superintendent of Police, Peddapuram Sub Divisional police Office, Kakinada District, (Erstwhile East Godavari District). 4. The Circle inspector of Police, Tuni Rural Circle Police station, Tuni Mandal, Kakinada District, (Erstwhile East Godavari District). 5. The Station House Officer, Thondangi Police station, Thondangi Mandal, Kakinada District, (Erstwhile East Godavari District). 6. Ambujala Subbarao, S/o Sathayam, Aged about 54 years, Occ Business, Avulamada Village, Perumalla Panchayath, Thondangi Mandal, Kakinada District, (Erstwhile East Godavri District). w y ...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 issue an appropriate writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of Respondents No 4 to 5 in collusion with Respondent No 6 for not registering the FIR basing on the police report of the petitioner dated 06.07.2025 under sections 109, 303(2),307,326(a) r/w 3(5) of B.N.S (sections 307,379,382,440, r/w 34 IPC), without conducting investigation and simply issued an endorsement vide C No 1230 PGRS/KKD dated 07.07.2025 is illegal, arbitrary violation of section 173 (3) Bhartiya Nagarik Suraksha Samhitha besides Article 14, 19 and 21 of the Constitution of India by setting aside the same and consequently direct the respondent no 3 to provide police protection to the petitioners Industry ie., Sri Iswarya Sai Hatcheries by Registering 303(2),307,326(a) r/w 3(5) of B.N.S (sections 307,379,382,440,r/w 34 IPC) and to conduct Investigation basing on report of petitioner dated 06.07.2025 the FIR under sections 109 lA 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 to direct the respondent no 3 to provide necessary police protection to the petitioner’s Industry ie., Sri Iswarya Sai Hatcheries situated at Gorasapalem Village, Kodhada Panchayath, Thondangi Mandal, Kakinada District,(Erstwhile East Godavri District) or to provide necessary surveillance at the industry pending disposal of main writ petition lA NO: 2 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 to direct the Respondent no 5 to register the FIR basing on the police report of petitioner dated 06.07.2025 under sections 109, 303{2),307,326(a) r/w 3(5) of B.N.S (sections 307,379,382,440, r/w 34 IPC), against Respondent Nos 6 pending disposal of main writ petition Counsel for the Petitioner; SRI TATA SINGAIAH GOUD Counsel for the Respondents No.1 to 5: GP FOR HOME The Court made the following order: APHC010378972025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] SfAj: THURSDAY, THE THIRTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 19499/2025 Between; 1.A KONDA BABU, S/0 SATHYAM, OCC PROPRIETOR SRI ISWARYA AGED ABOUT 50 YEARS, R/0 D. NO 1-1/1, PERUMALLA PURAM PANCHAYATH, SAI HATCHERIES AVULAMADA VILLAGE THONDANGL MANDAL, KAKINADA DISTRICT, (ERSTWHILE EAST GODAVRI DISTRICT). ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT BUILDINGS, MANDADAM VILLAGE, THULLURU MANDAL, GUNTUR DISTRICT. 2.THE SUPERINTENDENT OF POLICE, KAKINADA DISTRICT, (ERSTWHILE EAST GODAVARI DISTRICT). 3.THE DEPUTY SUPERINTENDENT OF POLICE, PEDDAPURAM SUB DIVISIONAL POLICE OFFICE, KAKINADA DISTRICT, (ERSTWHILE EAST GODAVARI DISTRICT). 4.THE CIRCLE INSPECTOR OF POLICE, TUNI RURAL CIRCLE POLICE STATION, TUNI MANDAL, KAKINADA DISTRICT, (ERSTWHILE EAST GODAVARI DISTRICT). 5.THE STATION HOUSE OFFICER, THONDANGI POLICE STATION, THONDANGI MANDAL, KAKINADA DISTRICT, (ERSTWHILE EAST GODAVARI DISTRICT). 6.AMBUJALA SUBBARAO, , S/0 SATHAYAM, AGED ABOUT 54 YEARS, OCC BUSINESS, AVULAMADA VILLAGE, PERUMALLA PANCHAYATH, THONDANGI MANDAL, KAKINADA DISTRICT, (ERSTWHILE EAST GODAVRI DISTRICT). ...RESPONDENT(S); Counsel for the Petitioner: 1.TATASINGAIAH GOUD Counsel for the Respondent(S): 1.GP FOR HOME The Court made the following: ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: a writ order or direction \A/oi-r r^c: fly)/; ^/r^. more particularly one in the nature of WRIT OF MANDAMUS declaring the action of Respondents No.4 to 5 in collusion with Respondent No 6 for not registering the FIR basing peW/oner dated 06.07.2025 under sections 109, 303(2), 307, 326a r/w 35 of B N S sections 307, 379, 382, 440 r/w 34 IRC without conducting Investigation and simply Issued an endorsement vide C No 1230 PGRS/KKD dated 07.07.2025 is illegal arbitrary violation of section 173 3 Bhartiya Nagarik Suraksha Samhitha besides Article 14 19 and 21 of the Constitution of India by setting aside the same and consequently direct the respondent no 3 to provide police protection to the petitioners Industry ie Sri Iswarya Sai Hatcheries by Registering the FIR under sections 109 3032 307 326a r/w 35 of B N S sections 307 379 382 440 r/w 34 IRC and to conduct Investigation basing on report of petitioner dated 06.07.2025. ” 2. Sri Md.Farooq, learned Assistant Government Pleader for Home written instructions, would submit that based , on on report given by the petitioner, police have registered a case in Crime No.141 of 2025 of Thondangi Police Station, Kakinada District for the offences punishable under Sections 329(4), 324(4) and 351 (2) read with 3(5) of BNS. 3. In that view of the matter, the Writ Petition is disposed of. However, it does not preclude the petitioner to make a fresh representation to the police and on making such representation; the police are directed to act, in accordance with law. There shall be no order as to costs. As a sequel thereto, misceJIaneous petitions, if any, pending shall stand closed. Sd/- K. TATA RAO deputy R iSTRAR ^CTION^FICER //TRUE COPY// To, of Andhra Pradesh, Home Department, 1 The Principal Secretary, State secretariat Buildings, Mandadam Village, Thulluru Mandal, Guntur District. 2. The superintendent of Police, Kakinada District, (Erstwhile East Godavari District). 3. The Deputy superintendent of Police, Peddapuram Sub Divisional police Office, Kakinada District, (Erstwhile East Godavari District). 4. The Circle inspector of Police, Tuni Rural Circle Police station, Tuni Mandal, Kakinada District, (Erstwhile East Godavari District). 5. The Station House Officer, Thondangi Police station, Thondangi Mandal, Kakinada District, (Erstwhile East Godavari District). 6. One CC to SRI TATA SINGAIAH GOUD Advocate [OPUC] 7. Two CCs to GP FOR HOME High Court of Andhra Pradesh [OUT] 8. Two CD Copies gsg ■ HIGH COURT DATED: 31/07/2025 ORDER WP NO. 19499 OF 2025 ^ 18 AUG 2025 Co ★ DISPOSING THE WP WITHOUT COSTS