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2025 DAILYLAW 32268 (AP)

NAMMI ANNAPURNA v. THE STATE OF ANDHRA PRADESH

WP/24481/2025 · 2025-09-11

Venkata Jyothirmai Pratapa

body2025

Judgment text

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APHC010474802025 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) FRIDAY,THE TWELFTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION Between: 1. NAMMI ANNAPURNA, W/o. Appalnarasayya, aged about 60 years, R/o. D. No. 1-22-21, Adharsa Nagar, Pedda Waltair, Visakhapatnam. 1. THE STATE OF ANDHRA PRADESH, represented by its Principal Secretary, Home Department, Secretariat, Velagapudi, Amaravathi. 2. The Director General of Police, Vijayawada Guntur District. 3. The Superintendent of Police, Vizianagaram, Vizianagaram District. 4. The Deputy Superintendent of Police, , Vizi District. 5. The Station House Officer, Jami Police Station, Jami Vizianagaram District. 6. Saripalli Surinaidu, , S/o. Appalanaidu, aged about 52 years, R/o. Godukommu Village, Jami Mandal, Vizianagaram District. 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 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY,THE TWELFTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 24481 OF 2025 1. NAMMI ANNAPURNA, W/o. Appalnarasayya, aged about 60 years, R/o. D. 21, Adharsa Nagar, Pedda Waltair, Visakhapatnam. ...Petitioner AND 1. THE STATE OF ANDHRA PRADESH, represented by its Principal rtment, Secretariat, Velagapudi, Amaravathi. 2. The Director General of Police, Vijayawada-Guntur Highway, Mangalagiri, 3. The Superintendent of Police, Vizianagaram, Vizianagaram District. 4. The Deputy Superintendent of Police, , Vizianagaram, Vizianagaram 5. The Station House Officer, Jami Police Station, Jami Vizianagaram District. 6. Saripalli Surinaidu, , S/o. Appalanaidu, aged about 52 years, R/o. Godukommu Village, Jami Mandal, Vizianagaram 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 IN THE HIGH COURT OF ANDHRA PRADESH THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA 1. NAMMI ANNAPURNA, W/o. Appalnarasayya, aged about 60 years, R/o. D. ...Petitioner 1. THE STATE OF ANDHRA PRADESH, represented by its Principal rtment, Secretariat, Velagapudi, Amaravathi. Guntur Highway, Mangalagiri, 3. The Superintendent of Police, Vizianagaram, Vizianagaram District. anagaram, Vizianagaram 5. The Station House Officer, Jami Police Station, Jami Vizianagaram District. 6. Saripalli Surinaidu, , S/o. Appalanaidu, aged about 52 years, R/o. ...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 toPleased to issue an order or a direction or a writ, more particularly one in the nature of Writ of Mandamus declaring the action of the Respondent Nos. 3 to 5 in not taking any action against the unofficial respondent No. 6 upon the complaint made by the Petitioner on dated 28.08.2025 and in not providing any police assistance to the Petitioner from obstructing the unofficial respondent No. 6, who is illegally harvesting the crop, while the Civil Suits are pending before the Competent Civil Court, herein as illegal, arbitrary and unconstitutional, and to consequently direct the Respondent Nos. 3 to 5 to take action against the unofficial respondent No. 6, 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 the Respondent Nos. 3 to 5 to take action against the unofficial respondent No. 6 upon the complaint made by the Petitioner on dated 28.08.2025, pending disposal of the main writ petition, and to pass Counsel for the Petitioner: ROHITH PALLEPAGA Counsel for the Respondents: GP FOR HOME The Court made the following order: THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 24481 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 the respondent No.1 in not registering the FIR in pursuant to the complaint dated 5.8.2020 made by the petitioner even in spite of the contents of the complaint clearly disclose the commission of the cognizable offences as arbitrary, illegal and contrary to section 154 of Cr.P.0 and consequently direct the respondent No.1 to 3 to register the FIR in pursuant to the complaint dated 5.8.2020 made by the petitioner forthwith and proceed with the investigation in accordance with law in the interest of justice..” 2. Heard Sri Rohith Pallepaga, learned Counsel for the petitioner and Sri V.Farooq, learned Assistant Government Pleader for Home for the respondents. 3. Learned counsel for the petitioner would submit that police are not taking any action against the complaint dated 28.08.2025 given by the petitioner. 4. Learned Assistant Government Pleader for Home would submit that since the subject matter is civil in nature, the police authorities are not interfering in the civil disputes. 5. Considering the submissions of both learned counsel, since civil disputes are admittedly pending between the parties, FIR was not registered. This Court is therefore of the opinion that no further orders are required to be passed in this writ petition. 6. Accordingly, this Writ Petition is disposed of, granting liberty to the petitioner to work out his remedies before the concerned Magistrate Court where the said crime is pending, in accordance with law. 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: 12.09.2025. KKV 87 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 24481 OF 2025 12.09.2025 KKV