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2025 DAILYLAW 28683 (AP)

Kanneganti Arun Babu, v. The State of Andhra Pradesh

WP/21128/2025 · 2025-08-10

Venkata Jyothirmai Pratapa

body2025

Judgment text

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APHC010409472025 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. 21128/2025 Between: KANNEGANTI ARUN BABU, S/O.RAGHU BABU, AGED ABOUT 35 YEARS R/O. 7-17-21/25, 5/1 SRI NAGAR, GUNTUR ANDHRA PRADESH - 522002. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, DEPARTMENT OF HOME, REP. BY ITS PRINCIPAL SECRETARY, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI - 522237. 2. THE DIRECTOR GENERAL OF POLICE, DGP OFFICE MANGALAGIRI, MANGALAGIRI, GUNTUR DISTRICT, ANDHRA PRADESH. 3. THE SUPERINTENDENT OF POLICE, GUNTUR DISTRICT. 4. THE SUPERINTENDENT OF POLICE, PALNADU DISTRICT. 5. THE S H O, PATTABHIPURAM POLICE STATION, GUNTUR DISTRICT. 6. MATHANGI SRINIVAS, S/O. NOT KNOWN TO THE PETITIONER, AGE- MAJOR, CIRCULAR INSPECTOR, POSTED IN PALNADU DISTRICT, A.P. ...RESPONDENT(S): Counsel for the Petitioner: 1. NUTHALAPATI MOHAN Counsel for the Respondent(S): 1. GP FOR HOME The Court made the following: ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “.... a Writ of Mandamus declaring the action of the 5th respondent n not registering the FIR against 6th respondent, considering my 2 report, dt 15-07-2025 under Section 173 of Bharatiya Nagarik Suraksha Sanhita, 2023, and the Law settled by the Hon’ble Apex Court in Lalita Kumari vs. State of U.P and Sindhu Janak Nagargoje vs. State of Maharashtra, is illegal, arbitrary, unjust and violative of Articles 14 and 21 of the Constitution of India. II. Consequently direct the respondents to initiate action against the 5th respondent for not registering the FIR against 6th respondent and direct the respondents to register the FIR in pursuance of the report/complaint dt 15-07-2025, in accordance with law and to pass such other order or further orders which deems fit and proper in the interest of justice. III. Direct Respondents Nos. 1 and 2 to initiate departmental proceedings against Respondent No.6 for misuse of authority and conduct unbecoming of a public servant, as per the All India Services (Conduct) Rules, 1968, and relevant police regulations. IV. Direct Respondents No. 2 and 3 to provide adequate protection to the petitioner and his family members from any further threats or harm by Respondent No. 6 or his associates.” 2. Sri V.Farooq, learned Assistant Government Pleader for Home, on written instructions, would submit that the representation of the Petitioner dated 15.07.2025 was entered in the General Diary of Pattabhipuram Police Station and the registration of the FIR is under process. 3. Sri Nuthalapati Mohan, learned counsel for the Petitioner would submit that, recording the same, the petition may be disposed of. 4. Considering the submissions made, the Writ Petition is disposed of. 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:11.08.2025 Dinesh 3 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.21128 of 2025 Dt.11.08.2025 Dinesh