APHC010464592025 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) TUESDAY,THE SIXTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 24062 OF 2025 Between: 1. Katakam Sudhakara Rao,, S/o Venkateswaralu,aged 56years, Occ Business,R/o .Flat no.U- Mangamuru Donka, Ongole City, Andhra Pradesh 1. The State of Andhra P Department, Secretariat,Velagapudi,Amaravati, Guntur District. 2. The Director General Of Police, Mangalagiri,Vijayawada Pradesh 3. The Superintendent of Police, Prakasam District Ongole 4. The Circle Inspector of Police, Ongole(Rural), Ongole 5. The Station House Officer, Chimakurthy Mandal , Ongole 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 a. Issue an appropriate Writ, Order or Direction, more particularly in the nature of a Writ of Mandamus, declaring the inaction of 1 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY,THE SIXTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA PETITION NO: 24062 OF 2025 1. Katakam Sudhakara Rao,, S/o Venkateswaralu,aged 56years, Occ -1, Inabathina Gupthas Emarlad Apartment, Mangamuru Donka, Ongole City, Andhra Pradesh ...Petitioner AND 1. The State of Andhra Pradesh, ,Rep ,by its. Principal Secretary,Home Department, Secretariat,Velagapudi,Amaravati, Guntur District. 2. The Director General Of Police, Mangalagiri,Vijayawada-520010, Andhra 3. The Superintendent of Police, Prakasam District Ongole-523001. 4. The Circle Inspector of Police, Ongole(Rural), Ongole-523001. 5. The Station House Officer, Chimakurthy Mandal , Ongole -523226 ...Respondents Petition under Article 226 of the Constitution of India praying that in the the affidavit filed therewith, the High Court may be pleased to a. Issue an appropriate Writ, Order or Direction, more particularly in the nature of a Writ of Mandamus, declaring the inaction of IN THE HIGH COURT OF ANDHRA PRADESH THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA 1. Katakam Sudhakara Rao,, S/o Venkateswaralu,aged 56years, Occ 1, Inabathina Gupthas Emarlad Apartment, ...Petitioner radesh, ,Rep ,by its. Principal Secretary,Home 520010, Andhra 3001. 523226 ...Respondents Petition under Article 226 of the Constitution of India praying that in the the affidavit filed therewith, the High Court may be pleased to a. Issue an appropriate Writ, Order or Direction, more particularly in the nature of a Writ of Mandamus, declaring the inaction of 2 Respondent Nos. 4 and 5 in failing to register a proper and complete FIR on the petitioners complaints dated 10.08.2024 and 18.10.2024, despite disclosure of cognizable offences, as illegal, arbitrary, contrary to Section 154 Cr.P.C., and violative of Articles 14, 19(1)(g) and 21 of the Constitution of India b. Consequently, direct Respondent Nos. 4 and 5 to forthwith register a comprehensive FIR, specifically mentioning the petitioners loss of Rs. 2 Crores, based on his complaints dated 10.08.2024 and 18.10.2024, and the report of Respondent No. 4 to the Superintendent of Police dated 08.11.2024 Report No. CCC No. 524/2024 in PGRS Petition No. PKM/SPPKM/181024/02044, and to conduct a fair, impartial and expeditious investigation into all the cognizable offences disclosed therein, including theft, criminal trespass, criminal intimidation and destruction of property, and to file a charge sheet within a fixed time-frame and further to take all necessary steps in accordance with law to recover the stolen machinery valued at about Rs. 2 Crores and prosecute the actual offenders c. 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 Respondent No. 4 & 5 to forthwith register a comprehensive and proper FIR on the basis of the petitioner’s complaints dated 10.08.2024 and 18.10.2024, and to take immediate steps to conduct a fair and proper investigation, including recovery of the petitioner’s stolen machinery valued at about Rs. 2 Crores, pending disposal of the above Writ Petition, and pass Counsel for the Petitioner: KASIM NAGASAIM Counsel for the Respondents: GP FOR HOME The Court made the following order: 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 24062 OF 2025 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “…pleased to a. Issue an appropriate Writ, Order or Direction, more particularly in the nature of a Writ of Mandamus, declaring the inaction of Respondent Nos. 4 and 5 in failing to register a proper and complete FIR on the petitioners complaints dated 10.08.2024 and 18.10.2024, despite disclosure of cognizable offences, as illegal, arbitrary, contrary to Section 154 Cr.P.C., and violative of Articles 14, 19(1)(g) and 21 of the Constitution of India b. Consequently, direct Respondent Nos. 4 and 5 to forthwith register a comprehensive FIR, specifically mentioning the petitioners loss of Rs. 2 Crores, based on his complaints dated 10.08.2024 and 18.10.2024, and the report of Respondent No. 4 to the Superintendent of Police dated 08.11.2024 Report No. CCC No. 524/2024 in PGRS Petition No. PKM/SPPKM/181024/02044, and to conduct a fair, impartial and expeditious investigation into all the cognizable offences disclosed therein, including theft, criminal trespass, criminal intimidation and destruction of property, and to file a charge sheet within a fixed time-frame and further to take all necessary steps in accordance with law to recover the stolen machinery valued at about Rs. 2 Crores and prosecute the actual offenders c. pass....” 2. Heard Sri Nagaseinkasim, learned Counsel for the petitioner and Sri V.Farooq, learned Assistant Government Pleader for Home for the respondents. 3. Learned counsel for the petitioner submits that though the petitioner lodged detailed complaints dated 10.08.2024 and 18.10.2024, disclosing cognizable offences involving theft of machinery worth about Rupees Two Crores, the police failed to register a proper and comprehensive FIR. He 4 would submit that even after the petitioner approached this Court earlier in W.P. No. 2842 of 2025, and thereafter Crime No.30 of 2025 was registered, the same was vague and incomplete, deliberately omitting the actual value of the stolen machinery and shielding the real culprits. Despite repeated representations dated 05.03.2025 and 13.03.2025, no investigation has been conducted and the stolen machinery has not been recovered. 4. On the other hand, the learned Assistant Government Pleader for Home, on instructions, submits that based on the complaint of the petitioner, Crime No.30 of 2025 under Sections 420, 468, 471, 380, 323, 506, and 427 read with 34 IPC was registered at Chimakurthy Police Station and investigation was taken up. During investigation, six witnesses have been examined and their statements recorded. As the alleged offence is of the year 2016, collection of oral and documentary evidence has been difficult. It is submitted that the veracity of the documents and material evidence produced by the petitioner is being verified, and that the owner of the site as well as the accused persons are evading appearance before the Investigating Officer. It is further submitted that the allegations of theft of machinery worth Rupees Two Crores are yet to be substantiated by evidence and the investigation is still in progress. It appears to be an attempt to pressurize the investigating agency and convert a civil dispute into criminal proceedings. 5. Having regard to the submissions of both sides, it is not in dispute that Crime No.30 of 2025 has already been registered on the complaint of the 5 petitioner and investigation is in progress. The grievance of the petitioner is with regard to the manner of investigation and non-consideration of certain aspects of his complaint. 6. Considering the submissions, this Court is not inclined to interfere with the investigation at this stage. However, liberty is granted to the petitioner to furnish any further information or material to the Investigating Officer. The Investigating Officer, on receipt of such material or information from the petitioner, is directed to look into and verify the same, and take appropriate steps strictly in accordance with law. Accordingly, this writ petition is disposed of. There shall be no order as to costs. As a sequel thereto, pending miscellaneous petitions if any, shall stands closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 16.09.2025. KKV 6 129 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 24062 OF 2025 16.09.2025 KKV