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2025 DAILYLAW 28250 (AP)

J. Deva Kumar, v. The State of Andhra Pradesh

WP/19207/2019 · 2025-08-21

B V L N Chakravarthi

body2025

Judgment text

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APHC010400582019 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3368] FRIDAY, THE TWENTY SECOND DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI WRIT PETITION NO: 19207/2019 Between: 1. J. DEVA KUMAR, S/O J.S.RAJU, AGED ABOUT 50 YEARS, CHRISTIAN, OCC- BUSINESS, R/O FLAT NO.401, MVRS APARTMENT, K.B.LAYOUT, TIRUPATI, CHITTOOR DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT BUILDINGS, AT VELAGAPUDI, GUNTUR DISTRICT, ANDHRA PRADESH. 2. THE SUPERINTENDENT OF POLICE, OFFICE OF SUPERINTENDENT OF POLICE, NELLORE, SPSR NELLORE DISTRICT. 3. THE DEPUTY SUPERINTENDENT OF POLICE, OFFICE OF D.S.P., GUDUR, 4. THE STATION HOUSE OFFICER, SULLURPET, SPSR NELLORE DISTRICT. 5. POLAMREDDY KISHORE KUMAR, S/O LATE BATHIREDDY, AGED ABOUT 54 YEARS, R/O FLAT NO. 402, CENTURIYAN TOWERS, M.K. NAIDU COLONY, BAIRAGI PATTEDA, TIRUPATHI, CHITTOOR DISTRICT. 2 6. KASIMALA NARASAIAH, S/O LATE VENKAIAH, AGED ABOUT 73 YEARS, R/O CHURCH COMPOUND, RAVURU TOWN AND MANDAL, SRI POTTI SRIRAMULU NELLORE DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner: 1. VENKATA DURGA RAO ANANTHA Counsel for the Respondent(S): 1. GP FOR HOME (AP) 2. P SRIDHAR REDDY The Court made the following: 3 THE HONOURABLE SRI JUSTICE B.V.L.N.CHAKRAVARTHI WRIT PETITION No.19207 OF 2019 ORDER: This Writ Petition is filed under Article 226 of the Constitution of India for the following relief: “….to issue a writ, order, or orders or direction more particularly one in the nature of a WRIT OF MANDAMUS declaring the action of the 4th respondent police personnel in not registering the F.I.R. basing on the report dated 03.10.2019 is arbitrary, illegal also violation of Section 154 of Cr.P.C. and consequently direct the 4th respondent police to register the FIR basing on the report dated 03-10-2019 and complete the investigation as expeditiously as possible in accordance with law as per Supreme Court Judgment held in Lalitha Kumar Vs Govt. of U.P. AIR 2014 SC 187.…” 2. Learned counsel representing Sri A.Venkata Durga Rao, learned counsel for the petitioner is in attendance. 3. Sri P.Sridhar Reddy, learned counsel for the 6th respondent appeared through video conference. 4. Learned Assistant Government Pleader for Home on written instructions would submit that police on receipt of the report from the writ petitioner, made an entry in General Diary of the Police Station on 04.09.2018, and conducted preliminary enquiry, and they came to know that it relates to civil in nature, and it was also informed to the petitioner, as the matter relates to civil dispute. 5. In the light of submissions made by learned Assistant Government Pleader, the petitioner is at liberty to approach proper forum for necessary redressal in accordance with law. 6. In the light of above facts and circumstances, this Court is of the considered opinion that no further adjudication remains in the writ 4 petition, and the writ petition can be closed at the stage of admission, without going into merits of the case. 7. 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 22.08.2025 Pmk 5 14 THE HONOURABLE SRI JUSTICE B.V.L.N. CHAKRAVARTHI WRIT PETITION No:19207 OF 2019 Date: 22.08.2025 Pmk