Extracted from the PDF above. The PDF is authoritative.
APHC010480582025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] MONDAY, THE FIFTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 24703/2025 Between:
1. SIVA PARVATI,, W/O.VADDADHI VENKATA NAGENDRA RAO AGED ABOUT 37 YEARS, OCC HOUSEWIFE, R/O. BLOCK NO 237, FF3, YSR COLONY, JAKKAMPUDI VILLAGE, VIJAYAWADA, KRISHNA DISTRICT, ANDHRA PRADESH. ...PETITIONER AND
1. THE STATE OF ANDHRA PRADESH, THROUGH ITS PRI SECRETARY,
HOME DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI (V), THULLUR (M), GUNTUR DIST. 2. THE DIRECTOR GENERAL OF POLICE, ANDHRA PRADESH. 3. THE COMMISSIONER OF POLICE, VIJAYAWADA CITY, NTR DISTRICT. 4. THE SHO LLTOWN POLICE STATION, VIJAYAWADA, ANDHRA PRADESH. ...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 to issue any writ, order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondent No.2 in refusing to non-issuance the mandatory notice U/s 157(2) of BNSS for acquainting the reasons for non-investigation of petitioner Complaint Dt.05.05.2025, as arbitrary, illegal, colorable exercise of powers. envisage and
2
violative of Articles 14 and 19(1)(g) of the Constitution of India and consequently direct the respondent No.2 to consider and conduct investigation of petitioner complaint Dt.05.05.2025, for pursuing alternative remedy before the Jurisdictional Magistrate vide Private Complaint and to grant such other reliefs in petitioner favor, pending disposal of the above Writ Petition 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 to direct the Respondents Police to follow the guidelines of the Hon’ble Supreme Court stipulated in the case of “Lalithakumari Vs The Government of UP’’ in respect of my Complaint Dt.05.05.2025 Counsel for the Petitioner:
1. PILLUTLA SAI AVINASH Counsel for the Respondent(S):
1.
GP FOR HOME
3
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 an writ, order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondent No.2 in refusing to non-issuance the mandatory notice U/s 157(2) of BNSS for acquainting the reasons for non- investigation of petitioner Complaint Dt:05.05.2025, as arbitrary, illegal, colorable exercise of powers, envisage and violative of Articles 14 and 19(1)(g) of the Constitution of India and consequently direct the respondent No.2 to consider and conduct investigation of petitioner complaint Dt:05.05.2025, for pursuing alternative remedy before the Jurisdictional Magistrate vide Private Complaint and to grant such other reliefs in petitioner favor, pending disposal of the above Writ Petition and to pass....…”
2. Heard Sri P.Sai Avinash, learned Counsel for the petitioner and Sri V.Farooq, learned Assistant Government Pleader for Home for the respondents. 3. This petition is filed seeking a direction to the Police for registration of FIR against unofficial respondent. 4. Learned Assistant Government Pleader for Home, on written instructions, would submit that the Police have received the complaint of the petitioner through the Public Grievance Redressal System from the Office of the Superintendent of Police. This is a family dispute. Both parties were called to the Police Station for enquiry. During the course of the enquiry, the petitioner has submitted that the elders of the family had intervened to facilitate a compromise. Petitioner further stated before the Police that they
4
had verbal argument with the issue relating to the death benefits and compassionate appointment of their mother and also requested for withdrawal of any further action in this matter. Learned Assistant Government Pleader would further submit that however, Police warned both of them not to quarrel with each of them and resolve the issue amicably or approach the Civil Court since the issue involved is civil in nature. 5. Recording the submission of the learned Assistant Government Pleader, this writ petition is disposed of. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA
Date: 15.09.2025 SNI
5
59 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA
WRIT PETITION NO: 24703/2025
Dt.15.09.2025
SNI