APHC010382752025 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: 19334/2025 Between: 1. C REVATHI, W/O C.SIVA KUMAR, AGED 30 YEARS, DOOR NO.14- 218, P.R.T. STREET, DHARMAVARAM TOWN SRI SATYA SAI DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE SUPERINTENDENT OF POLICE, SRI SATYA SAI DISTRICT, PUTTAPARTHY. 3. THE STATE STATION HOUSE OFFICE, DHARMAVARAM 1 TOWN POLICE STATION. DHARMAVARAM, SRI SATYA SAI DISTRICT. 4. P RAJU, S/O.NOT KNOWN, AGED ABOUT 50 YEARS, PROPRIETOR TO SUVARNA SILK HOUSE, DHARMAVARAM, D.NO.26/585/18,PARTHA SARATHI NAGAR, DHARMAVARAM, SRI SATYA SAI 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 topleased to issue any writ order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondent No.3 non registering the F.I.R even though complaint made by the petitioner in 2 person and through registered post dated 14-07-2025 against the 4th respondent and his men is illegal, arbitrary and against the Criminal Procedure Code, and consequently direct the respondents 2 and 3 take immediate action against the 4th respondent as per procedure and protect the petitioner from the illegal act of 4th respondent and his men to 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 2nd and 3rd respondents to initiate immediate action on the complaint dated; 14-07-2025 by issuing F.I.R. against 4th respondent herein and his Associates as narrated in the complaint pending disposal of the writ petition and also be pleased to pass Counsel for the Petitioner: 1. INENI VENKATA PRASAD 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 any writ order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondent No.3 non registering the F.I.R even though complaint made by the petitioner in person and through registered post dated 14-07-2025 against the 4th respondent and his men is illegal, arbitrary and against the Criminal Procedure Code, and consequently direct the respondents 2 and 3 take immediate action against the 4th respondent as per procedure and protect the petitioner from the illegal act of 4th respondent and his men to pass.…” 2. Heard Sri Ineni Venkata Prasad, learned counsel for the petitioner and Sri V.Farook, learned Assistant Government Pleader for Home. 3. Sri V. Farook, learned Assistant Government Pleader, would submit that the police received the complaint from the petitioner dated 14.07.2025. After receipt of the complaint, as per the mandatory provisions, the petitioner was asked to produce a photograph of the missing persons to flash the same at all police stations. Learned Assistant Government Pleader would further submit that the petitioner did not produce the same before the police. Hence, the case was not registered, and there is no other reason for the non-registration of the said case. While so, the police made sincere efforts to unearth the grievance of the petitioner regarding the missing persons, and the enquiries reveal that on 21.07.2025, the 4th respondent preferred a complaint before the SHO, Dharmavaram Urban Police Station. 4 For ready reference, it is beneficial to extract the following paragraphs from the written instructions: It is further submitted that even though the case is not registered but sincere efforts are made and the enquiries reveal that on 21.07.2025 the 4th respondent herein has preferred a complaint before the SHO, Dharmavaram Urban PS stating that the husband of the petitioner by name Siva Kumar, one Sreedhar and one Gudditi Shiva are working as employees in form of 4th respondent but the above 03 persons have committed fraud and misappropriated more than Rs.90,00,000/- and requested to take necessary action against the above 03 persons, according to law. Basing on said complaint HC Dharmavaram I Town PS registered a case in Cr.No. 149/2025 U/s 316(2), 316(5), 318(4) r/w Sec. 3(5) of BNS Act and took up investigation It is further submitted that on 28.07.2025 the above Siva Kumar, Sreedhar and Shiva were found near Bangalore, and after observing all mandatory provisions of law they have sent to judicial custody. Hence, the allegation that the husband of the petitioner and 02 others are found missing bụt this respondent did not take any action are appears to be far away from the truth and the said persons themselves concealed their presence with an intention to escape from the clutches of law and as they were traced the petition become in fructuous and liable to be dismissed. 5. Sri I.Venkata Prasad, learned counsel for the petitioner would submit that recording the same, this writ petition may be disposed of. 6. Recording the submission, 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: 31.07.2025 MH 5 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA 30 WRIT PETITION NO: 19344/2025 Dt.31.07.2025 MH