VANKAYALAPATI SRINIVAS v. THE STATE OF ANDHRA PRADESH
WP/22052/2025 · 2025-08-21
Venkata Jyothirmai Pratapa
body2025
DailyLaw.ai
[ 2025 DAILYLAW 29916 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 29916 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010429322025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY,THE TWENTY SECOND DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 22052 OF 2025 Between: Vankayalapati Srinivas, S/o Kameswara Rao, Aged about 44 years, Occ Principal, R/o.H.No.26-12-13/A, Boddapativari Street Ghandi Nagar, Vijayawada, NTR District. ...Petitioner AND
1. The State Of Andhra Pradesh, Rep by its Principal Secretary, Home Department, Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The Commissioner of Police, NTR Commissionarate, Vijayawada, NTR District. 3. The Station House Officer, Satyanarayanapuram Police Station Vijayawada City, NTR District. 4. Alapati Rajendra Prasad, S/o.Siva Rama Krishna, R/o.Lakshmi Nagar, Guntur, Guntur District. ...Respondents 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 to issue a writ, order or direction more particularly one in the nature of writ of Mandamus to declare the action of respondent No.3 registering the FIR in pursuant to the complaint dt. 17-06-2025 made by the in not
.4 petitioner against the respondent No.4 even inspite of the contents of the dbrru&laint clearly disclose the commission of the cognizance offence as arbifrary, illegal and contrary to Sec. 173 of BNSS and in violation of Article 14 and 21 of the Constitution of India Respondents No.3 to register the FIR based on the complaint, dt. 17-06-2025 made by the petitioner against the respondent No.4 forthwith and conduct the investigation in accordance with Law in. >• '..r and consequently direct the [A 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 to direct the Respondents No.3 to register the FIR based on the complaint, dt 17- 06-2025 made by the petitioner against the respondent No.4 forthwith in accordance with law pending disposal of the Writ Petition in the interest of justice.
Counsel for the Petitioner: SRI P NAGENDRA REDDY Counsel for the Respondent Nos.1 to 3: GP FOR HOME Counsel for the Respondent No.4: NONE APPEARED The Court made the following order:
APHC010429322025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY,THE TWENTY SECOND DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 22052 OF 2025 Between:
1. VANKAYALAPATI SRINIVAS, S/o Kameswara Rao, Aged about 44 years, Occ Principal, R/o.H.No.26-12-13/A, Boddapativari Street Ghandi Nagar, Vijayawada, NTR District. ...Petitioner AND
1. THE STATE OF ANDHRA PRADESH, Rep by its Principal Secretary, Home Department, Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The Commissioner of Police, NTR Commissionarate, Vijayawada, NTR District. 3. The Station House Officer, Satyanarayanapuram Police Station Vijayawada City, NTR District. 4. Alapati Rajendra Prasad, S/o.Siva Rama Krishna, R/o.Lakshmi Nagar, Guntur, Guntur District. ...Respondents 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 to pleased to issue a writ, order or direction more particularly one in the nature of writ of Mandamus to declare the action of respondent No.3 in
not registering the FIR in pursuant to the complaint dt.
17-06-2025 made by the petitioner against the respondent No.4 even inspite of the contents of the complaint clearly disclose the commission of the cognizance offence as arbitrary, illegal and contrary to Sec. 173 of BNSS and in violation of Article 14 and 21 of the Constitution of India and consequently direct the Respondents No.3 to register the FIR based on the complaint, dt.17-06-2025 made by the petitioner against the respondent No.4 forthwith and conduct the investigation in accordance with Law in lA 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 Fligh Court may be pleased Counsel for the Petitioner: P NAGENDRA REDDY Counsel for the Respondents: GP FOR HOME The Court made the following order:
THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 22052 OF 2025
ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: . .pleased to issue a writ, order or direction more particularly one in the nature of writ of Mandamus to declare the action of respondent No. 3 in not registering the FIR in pursuant to the complaint dt. 17-06-2025 made by the petitioner against the respondent No.4 even inspite of the contents of the complaint dearly disclose the commission of the cognizance offence as arbitrary, illegal and contrary to Sec. 173 of BNSS and in violation of Article 14 and 21 of the Constitution of India and consequently direct the Respondents No. 3 to register the FIR based on the complaint, dt.17- 06-2025 made by the petitioner against the respondent No.4 forthwith and conduct the investigation in accordance with Law in... ”
2. Heard Sri P.Nagendra Reddy, learned counsel for the petitioner and Sri V.Farooq, learned Assistant Government Pleader for Home for the respondents.
3. Learned Assistant Government Pleader for Home submitted that in fact four crimes have been registered against the petitioner, viz., i) Crime No.73/2006 under Sections 452, 326 r/w 34 IPC of Suryaraopet P.S.; ii) Crime No.97/2012 under Sections 506, 420, 427, 448 IPC r/w Section 156(3) Cr.P.C. Satyanarayanapuram iii) Crime No.38/2016 under Sections 471,448, 323, 354(A), 506 r/w 34 IPC of Agiripalli P.S.; and iv) Crime No.242/2020 under Sections 420, 470 r/w 511 of P.S.; IPC of Gannavaram P.S. It is further submitted that in order to overcome the
said cases, the petitioner had given a complaint to the Police Station, but enquiry, the police found no truth in the allegations and therefore was registered.
Learned counsel for the unofficial respondent submitted that the petitioner has also filed a private complaint in C.F.R. No. Nil, which is still pending before the concerned Magistrate Court. At this juncture, learned counsel for the petitioner requested that a direction may be issued to the concerned Magistrate to dispose of the said private complaint as expeditiously as possible. Considering the submissions, this Writ Petition is disposed of directing the concerned Magistrate to take up and dispose of the private complaint said to be filed by the petitioner in C.F.R. No.Nil in accordance with law expeditiously as possible. There shall be no order as to costs. upon no crime
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6. , as As a sequel thereto, miscellaneous petitions, if any, shall stand closed.
Sd/- N NAGAMMA ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To,
1. The Principal Secretary, Home Department, Secretariat, Velagapudi, Amaravathi, Guntur District.
2. The Commissioner of Police, NTR Commissionarate, Vijayawada, NTR District.
3. The Station House Officer, Satyanarayanapuram Police Station Vijayawada City, NTR District.
4. One CC to SRI. P NAGENDRA REDDY Advocate [OPUC]
5. Two CCs to GP FOR HOME High Court of Andhra Pradesh [OUT]
6. Two CD Copies. AL
HIGH COURT DATED:22/08/2025 OF ANOAfS
ORDER WP NO. 22052 OF 2025 ) 7 SEP 2025 X m O ^ . Current Section ^ DISPOSING OF THE W.P. WITHOUT COSTS