APHC010392562019 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3368] THURSDAY, THE FOURTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI WRIT PETITION NO: 18822/2019 Between: 1. PODILI GIRL BABU, S/O.VENKATA SUBBA NAIDU, AGE- 41 YEARS, OCC- BUSINESS, R/O.RAMAKRISHNAPURAM, NAIDUPET TOWN, SPSR NELLORE DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE SUPERINTENDENT OF POLICE, SPSR NELLORE, SPSR NELLORE DISTRICT. 3. THE STATION HOUSE OFFICER, DORAVARISATRAM P. S, NELLORE, SPSR NELLORE DISTRICT. 4. SMT PODILI SUBBAMMA, W/O.SUNADARAIAH NAIDU, AGE- 71 YEARS, OCC HOUSE WIFE, R/O.POOLATHOTA VILLAGE, DORAVARI SATRAM MANDAL, NELLORE DISTRICT. 5. VANKAYALAPATI PRASANNA BHARGAVI, W/O.V.ASHOK BABU, AGE- 29 YEARS, R/O.POOLATHOTA VILLAGE, DORAVARI SATRAM MANDAL, NELLORE DISTRICT. 2 6. VANKAYALAPATI ASHOK BABU, S/O.NAGAIAH NAIDU, AGE- 33 YEARS, R/O.POOLATHOTA VILLAGE, DORAVARI SATRAM MANDAL, NELLORE DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner: 1. SREEMANNARAYANA VATTIKUTI Counsel for the Respondent(S): 1. S V MUNI REDDY 2. GP FOR HOME (AP) The Court made the following: 3 THE HONOURABLE SRI JUSTICE B.V.L.N.CHAKRAVARTHI WRIT PETITION No.18822 OF 2019 ORDER: This Writ Petition is filed under Article 226 of the Constitution of India for the following relief: “….to issue a Writ of Mandamus, or any other appropriate Writ, order or direction, declaring the action of the 3rd respondent police in not registering the case on the complaint dt-23-9-2019 made by the petitioner even though the complaint discloses cognizable offences under the provisions of Indian Penal code is illegal, arbitrary and in violation of principles of natural justice in violation of Articles 14 of constitution of India and consequently direct the 3rd Respondent police to register the criminal case and investigate the same as per law in the interest of justice and equity and pass…” 2. Heard Sri Sreemannarayana Vattikuti, learned counsel for the writ petitioner and learned Assistant Government Pleader for Home. 3. Learned Assistant Government Pleader for Home on written instructions would submit that police received a report dated 23.09.2019 from the petitioner in Spandana Program conducted by Deputy Superintendent of Police, Gudur. Later, Deputy Superintendent of Police, Gudur forwarded to report Station House Opfficer, Nellore for enquiry and action. Accordingly, the police conducted preliminary enquiry in the matter came to know that it is purely civil in nature as it relates to land dispute and accordingly, they submitted report to the Deputy Superintendent of Police, Gudur and also civil suit in O.S.No.284 of 2018 before the Senior Civil Judge, 4 Gudur and the same is pending regarding the disputes between the petitioner and unofficial respondent. 4. In the light of submissions made by the learned Assistant Government Pleader for Home that police enquiry is revealing that it is purely civil in nature. The petitioner is at liberty to approach concerned forum for necessary redressal in accordance with law. 5. In the light of submissions made by the learned Assistant Government Pleader for Home, this Court is of the considered opinion that nothing remains for further adjudication and without going into merits of the case, which cannot be during under Section 226 of Constitution of Law and in the light of Hon’ble Apex Court in the case of M.Subramaniam and Another, Appellants Vs. S.Janaki and Another, Respondents1, the petitioner is at liberty to file… 6. Accordingly, the Writ Petition is closed. There shall be no order as to costs. As a sequel thereto, interlocutory applications, if any, pending in this Writ Petition shall stand closed. ______________________________ JUSTICE B.V.L.N. CHAKRAVARTHI 04.09.2025 Pmk 1 (2020 SCC Online SC 341) 5 36 THE HONOURABLE SRI JUSTICE B.V.L.N. CHAKRAVARTHI WRIT PETITION No:18822 OF 2019 6 Date: 04.09.2025 Pmk