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2025 DAILYLAW 28629 (AP)

Chittiboyina Subbaiah v. The State of Andhra Pradesh,

WP/20983/2025 · 2025-08-06

Venkata Jyothirmai Pratapa

body2025

Judgment text

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APHC010408302025 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: 20983/2025 Between: 1. CHITTIBOYINA SUBBAIAH, S/O. CH.SUBBAIAH @ GANGANNA @ PEDDA SUBBANNA AGED 51 YEARS, OCC- CULTIVATION, R/O. D.NO. 16-64-10, PATHAPALEM S.MYDUKUR, MYDUKUR, YSR KADAPA DISTRICT - 516172 ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 2. THE DIRECTOR GENERAL OF POLICE, STATE OF ANDHRA PRADESH, A.P POLICE HEADQUARTERS AT MANGALAGIRI GUNTUR DISTRICT. 3. THE SUPERINTENDENT OF POLICE, YSR KADAPA DISTRICT, KADAPA 4. THE SUBDIVISIONAL POLICE OFFICER, MYDUKUR, YSR KADAPA DISTRICT. 5. THE STATION HOUSE OFFICER, MYDUKUR RURAL POLIC STATION, YSR KADAPA DISTRICT. 6. CHITTIBOYINA VENKATA SUBBANNA, S/O SUBBANNA, AGED 65 YEARS, R/O PATHAPALEM VILLAGE, MYDUKUR POST AND MANDAL, YSR KADAPA 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 a writ or order or direction more particularly one in the nature of writ of mandamus declaring the inaction of Respondent Nos.3 to 5 in registering a First Information Report (F.I.R) against Respondent No.6 pursuant to the complaint of petitioner dated 04.08.2025, even though the complaint discloses the commission of a cognizable offence, as illegal, arbitrary, unconstitutional, unjust and violative of Article 14 and 21 of the Constitution of India, violative of procedure contemplated under B.N.S.S, Consequently direct Respondents Nos.3 to 5 to register an FIR against Respondent No.6, pursuant to the complaint of the petitioner dated 04.08.2025 and 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 Respondents Nos.3 to 5 to register an FIR against Respondent No.6, pursuant to the complaint of the petitioner dated 04.08.2025 pending disposal of the above writ petition and to pass Counsel for the Petitioner: 1. OMKAR D Counsel for the Respondent(S): 1. GP FOR HOME 2. P NAGENDRA REDDY 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 or order or direction more particularly one in the nature of writ of mandamus declaring the inaction of Respondent Nos.3 to 5 in registering a First Information Report (F.I.R) against Respondent No.6 pursuant to the complaint of petitioner dated 04.08.2025, even though the complaint discloses the commission of a cognizable offence, as illegal, arbitrary, unconstitutional, unjust and violative of Article 14 and 21 of the Constitution of India, violative of procedure contemplated under B.N.S.S, Consequently direct Respondents Nos.3 to 5 to register an FIR against Respondent No.6, pursuant to the complaint of the petitioner dated 04.08.2025 and to pass...…” 2. Sri V.Farook, learned Assistant Government Pleader for Home, on written instructions would submit that they have submitted a report to the Superintendent of Police, Kadapa on 04.08.2025 and it has not reached the Station House Officer at this moment. 3. Sri D.Omkar, learned counsel for the petitioner would submit that recording the same, the writ petition may be disposed of. 4. Considering the submissions made, this writ petition is disposed of. However the police are directed to take appropriate action on the representation made by the petitioner. 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 HON’BLE DR. JUSTICE VENKATAJYOTHIRMAI PRATAPA 149 W.P.No.20983 of 2025 Dated.07.08.2025 MH