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2025 DAILYLAW 27741 (AP)

Kanoori Koneru Rao, v. State of Andhra Pradesh,

WP/20147/2024 · 2025-08-11

Venkata Jyothirmai Pratapa

body2025

Judgment text

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APHC010394132024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY, THE TWELFTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION No. 20147/2024 Between: KANOORI KONERU RAO, S/O. RAMA RAO, AGED ABOUT 65, OCC WASHER MAN, CHALLAVARIGUDEM VILLAGE, JANGAREDDIGUDEM MANUAL, ELURU DISTRICT, ANDHRA PRADESH. ...PETITIONER AND 1. STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, HOME DEPARTMENT, ANDHRA PRADESH SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 2. TAHSILDAR, JANGAREDDYGUDEM, ELURU DISTRICT. 3. PANCHAYATH SECRETARY, TADUVAYI VILLAGE, JANGAREDDYGUDEM MANUAL, ELURU DISTRICT. 4. SUPERINTENDENT OF POLICE, ELURU DISTRICT AT ELURU. 5. CIRCLE INSPECTOR OF POLICE, JANGAREDDYGUDEM, ELURU DISTRICT. 6. STATION HOUSE OFFICER, JANGAREDDYGUDEM, ELURU DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner: 1. PANGA SIVANARAYANA Counsel for the Respondent(S): 1. GP FOR HOME 2. GP FOR REVENUE 3. GP FOR PANCHAYAT RAJ RURAL DEV The Court made the following: ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: 2 “.... a Writ of Mandamus declaring the action of 4th to 6th respondents in not registering the crime on petitioner complaint dated 13.08.2024 and 2nd and 3rd respondents complaints dt. 16.07.2024 against the culprits/encroachers, as illegal, irregular, irrational, amounts to non discharge of legal obligation conferred on 4th to 6th respondents under the provisions of Code of Criminal Procedure, 1973 and offends article 14 of Constitution of India and consequently direct the 4th to 6th respondents to register the crime and prosecute the accused persons for appropriate offences and penal provisions of law.” 2. Sri V.Farooq, learned Assistant Government Pleader for Home would submit that, in view of the interim order dated 15.10.2024 passed by a Coordinate Bench of this Court, no further orders are required in this matter and the petition may be disposed of. 3. Sri Panga Sivannarayana, learned counsel for the Petitioner would submit that the Court may pass appropriate orders. 4. As seen from the proceedings sheet dated 15.10.2024, a Coordinate Bench of this Court, referring to the order dated 20.30.2020 of the Hon’ble Apex Court in M.Subramaniam and others vs. S.Janaki and others in Criminal Appeal No.102 of 2011, has given liberty to the Petitioner to approach the concerned Magistrate’s Court by way of filing private complaint. 5. In that view, the Writ Petition is disposed of. However, the Petitioner is at liberty to recourse his remedies before the concerned Magistrate’s Court by filing a private complaint, if so advised. 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:12.08.2025 Dinesh 3 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.20147 of 2024 Dt.12.08.2025 Dinesh