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2025 DAILYLAW 28524 (AP)

DEVARA DWARAKA v. The State of Andhra Pradesh

WP/20911/2025 · 2025-08-06

Venkata Jyothirmai Pratapa

body2025

Judgment text

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APHC010406542025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] MONDAY,THE ELEVENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 20911/2025 Between: 1. DEVARA DWARAKA, W/O LATE DEVARA SUBBAIAH, AGED 43 YEARS, OCCUPATION AGRICULTURAL LABOUR, RESIDENT OF HOME NO.1-30, LAKKAVARAM VILLAGE JANGAREDDY GUDEM MANDAL, ELURU DISTRICT ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF HOME, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE SUPERINTENDENT OF POLICE, , ELURU DISTRICT, ELURU ANDHRA PRADESH 3. THE STATION HOUSE OFFICER, LAKKAVRAM POLICE STATION,JANGAREDDY GUDEM MANDAL, ELURU DISTRICT, ELURU, ANDHRA PRADESH ...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 a writ Mandamus or any other appropriate Writ, Order, or Direction declaring the ' action' 'of 'the ' respondent in not registering FtR agdihSt one Mr. BavanamBhanu Prasad S/o Nagayya, residing in Malkajgiri, Hyderabad for the offences under the various provisions of BNS and under the provisions of SC/ST Atrocities Act as itfegai, 2 arbitrary, violation of principles of natural justice and procedure contemplated under BNSS, 2023 apart from violation of fundamental rights of the Petitioner enshrinect under Articles 14, 19, 20 and 2t of the Constitution of India, 1950 and consequently, direct the respondent-police, to lodge the FIR against One Mr. Bavanam Bhanu Prasad S/o Nagayya, residing in Malkajgiri, Hyderabad, and pass Counsel for the Petitioner: 1. SATHUPATI PREM 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 for: “…to issue a writ Mandamus or any other appropriate Writ, Order, or Direction declaring the ' action' 'of 'the ' respondent in not registering FtR agdihSt one Mr. BavanamBhanu Prasad S/o Nagayya, residing in Malkajgiri, Hyderabad for the offences under the various provisions of BNS and under the provisions of SC/ST Atrocities Act as itfegai, arbitrary, violation of principles of natural justice and procedure contemplated under BNSS, 2023 apart from violation of fundamental rights of the Petitioner enshrinect under Articles 14, 19, 20 and 2t of the Constitution of India, 1950 and consequently, direct the respondent-police, to lodge the FIR against One Mr. Bavanam Bhanu Prasad S/o Nagayya, residing in Malkajgiri, Hyderabad, and pass...…” 2. Sri V.Farook, learned Assistant Government Pleader for Home, on written instructions would submit that there are financial disputes between the petitioner and One Bhanu Prasad and a Civil Suit in O.S.No.17 of 2025 is pending. Learned Assistant Government Pleader would further submit that a crime in Cr.No.68 of 2025 has been registered against the accused. 3. For ready reference, the relevant portion of written instructions dated 06.08.2025, are extracted herein under: “It is further submitted that, there is a financial disputes between the petitioner and Bhanu Prasad. In respect of the same, the petitioner filed the original suit in against Bhanu Prasad on the file of Hon’ble Principal Civil Judge Court (Senior Division) Eluru vide O.S.No.17 of 2025. The said suit is pending before the Hon’ble Court. It is further submitted that, the petitioner is accused in Cr.No.68 of 2025, u/s 318(4) BNS of Tadikalapali PS. The said case is under investigation. The petitioner cheated so many people with a name of the loans and she is introduced herself as a Warden, Chintalapudi, Tribal Welfare Department, Government of Andhra Pradesh.” 4 4. Sri S.Prem, learned counsel for the petitioner would submit that recording the same, the writ petition may be disposed of. 5. Considering the submissions made, this writ petition is disposed of. However, the petitioner is at liberty to recourse his remedy before the appropriate forum according to law. 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: 07.08.2025 MH 5 HON’BLE DR. JUSTICE VENKATAJYOTHIRMAI PRATAPA 147 W.P.No.20911 of 2025 Dated.07.08.2025 MH 6