APHC010498962024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] FRIDAY, THE TWELFTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 25718/2024 Between: 1. BASINA VEERA VENKATA SURYANARAYANA, S/O VEERABHADRA RAO, ADVOCATE,AGED ABOUT 46 YEARS 102 VASAVI NAGAR PATAMATA VIJAYAWADA, KRISHNA DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP.BY PRINCIPAL SECRETARY, DEPARTMENT OF HOME, SECRETARIAT, VELAGAPUDI, AMARAVATHI GUNTUR DISTRICT. 2. THE STATION HOUSE OFFICER, MACHAVARAM LAW AND ORDER PS VIJAYAWADA, KRISHNA ...RESPONDENT(S): Counsel for the Petitioner: 1. KOTA ARCHANA 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: “.... to issue an appropriate writ, order direction more particularly in the nature of Writ of Mandamus by declaring the actions of Respondents are not registering the crime on orders of the Magistrate dated 09-03-2022 in CF.No. 518 of 2022 on file of I ADDL Chief Metropolitan Magistate at Vijayawada u/s 156(3) Cr.P.C is arbitrary, illegal and contrary to the settled principles of the law, abuse of process and violation of criminal procedure and consequently direct the respondents to follow the criminal procedure by registering the crime on order of Honble I ACMM Court passed in CF.No.518 of 2022 dated 09- 03-2022 and file a report of their opinion which confirms the procedure under provisions of the Cr.P.C” 2 2. Heard Ms.Kota Archana, learned counsel for the petitioner and Sri Md.Farooq, learned Assistant Government Pleader for Home. 3. Learned counsel for the petitioner would submit that the petitioner had filed a private complaint before the Court, which was referred to the police under Section 156(3) of the Cr.P.C., directing them to register a case and investigate the matter. However, the police failed to register the case. When the matter was pending before the Court for taking action against the petitioner, the police submitted a memo stating that the matter was already pending before the Court. Learned counsel would further submit that when there is a direction to the police to register a crime and investigate into the matter the police cannot file a memo which is abuse of process of law. Learned counsel for the petitioner, therefore, prays for a direction to the police to register a case in relation to CF No. 518 of 2022, dated 09.03.2022, and to file a report as per the provisions of the Cr.P.C. 4. Learned Assistant Government Pleader for Home would submit that in the year 2014, one DLR Swetha lodged a complaint before the SHO of Machavaram Police Station, and based on the said complaint, a case was registered as Crime No. 814 of 2014 at Machavaram Police Station. After conducting investigation, the police filed charge sheet, which was taken on file as C.C. No. 737 of 2016 before the learned IV Additional Chief Metropolitan Magistrate Court, Vijayawada, and the case is pending for trial. 5. Considering the submissions made and on perusal of the material on record, it is rightly pointed out by the learned counsel for the petitioner that 3 when the private complaint filed by the petitioner was referred to the police under Section 156(3) of the Cr.P.C. to register a case and investigate the matter, the police were required to register the crime and file a report in accordance with the law. Even if no case is made out, they are at liberty to place the same before the Court. In the present case, instead of registering the case, the police kept quite when the petitioner filed Crl.M.P. No. 885 of 2023 in C.F. No. 518 of 2022 on the file of the learned I Additional Chief Metropolitan Magistrate, Vijayawada, under Sections 340 read with 195 of the Cr.P.C., seeking to summon the SHO of Machavaram Police Station and conduct an inquiry. During the course of hearing of that petition, the police filed a memo stating that the allegation made in the complaint with regard to the report given by DLR Swetha, which was registered as Crime No. 814 of 2014. 6. In the light of the information furnished in the memo filed by the police and the C.C.No.737 of 2016 on the file of the learned IV Additional Chief Metropolitan Magistrate Court, Vijayawada is pending for trial, it is apposite to dispose of the present petition giving liberty to the petitioner to work out his remedies after disposal of the aforesaid said C.C. 7. In that view of the matter, the Writ Petition is disposed of. However, the learned trial Judge is directed to look into the grievance of the petitioner and give a specific finding regarding the issue raised. Depending on such finding, the petitioner is at liberty to recourse his remedies in accordance with the law. There shall be no order as to costs. 4 As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed. ________________________________________ Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA Date:12.09.2025 Asr 5 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.25718 of 2024 Dt.12.09.2025 Asr