APHC010500812025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] FRIDAY,THE NINETEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 25676/2025 Between: 1. UNAGATIA NAGA VENKATA LAKSHMI, C/O MUTYALA RAO AGED ABOUT 39YRS, R/O. H.NO. 1-193, VELLACHINTALAGUDEM VILLAGE, GOPALAPURAM MANDAL, EAST GODAVARI DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE SUPERINTENDENT OF POLICE, GOPALAPURAM POLICE STATION, EAST GODAVARI DISTRICT. 3. THE CIRCLE INSPECTOR OF POLICE, GOPALAPURAM POLICE STATION, EAST GODAVARI DISTRICT. 4. THE STATION HOUSE OFFICER, GOPALAPURAM POLICE STATION, EAST GODAVARI DISTRICT. 5. SRI MANOHAR, SUB-INSPECTOR OF POLICE PS GOPALAPURAM, EAST GODAVARI DISTRICT. 6. LINGALA VENKANNA, R/O CHITYALA VILLAGE, GOPALAPURAM MANDAL EAST GODAVARI DISTRICT. ...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 2 pleased to issue an order or direction more particularly in the nature of writ of Mandamus declaring action of 5th Respondent for not taking the cognizance of the petitioner's complaint under Sections 331(8), 116, 109 and 352 BNS in collusion with 6th Respondent/accused and not conducting proper enquiry and threatening the petitioner with dire consequences to withdraw FIR vide crime no. 129/2025, PS Gopalapuram is illegal, arbitrary, unjust, violation of principles of natural justice and against Articles 14, 19 and 21 of the Constitution of India and consequently direct the 2nd, 3rd and 4th Respondents to add Sections 331(8), 116, 109 and 352 BNS to FIR vide crime no. 129/2025, PS Gopalapuram, dated 24-08-2025 and pass Counsel for the Petitioner: 1. G V V S VARA PRASAD Counsel for the Respondent(S): 1. GP FOR HOME 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 25676 of 2025 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “…pleased to issue an order or direction more particularly in the nature of writ of Mandamus declaring action of 5th Respondent for not taking the cognizance of the petitioner's complaint under Sections 331(8), 116, 109 and 352 BNS in collusion with 6th Respondent/accused and not conducting proper enquiry and threatening the petitioner with dire consequences to withdraw FIR vide crime no. 129/2025, PS Gopalapuram is illegal, arbitrary, unjust, violation of principles of natural justice and against Articles 14, 19 and 21 of the Constitution of India and consequently direct the 2nd, 3rd and 4th Respondents to add Sections 331(8), 116, 109 and 352 BNS to FIR vide crime no. 129/2025, PS Gopalapuram, dated 24-08- 2025 and pass….” 2. Heard Sri G.V.V.S. Vara Prasad, 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 the respondent police colluded with the unofficial respondent No.6 and not conducting proper enquiry and threatening the petitioner to withdraw the FIR. 4. Learned Assistant Government Pleader for Home for the respondent, on written instructions would submit that the respondent police, basing on the complaint of the petitioner registered a crime in Crime No.129 of 2025 under Section 331(5) of BNS and investigated into the matter. Basing on the findings of the investigation, the offence was established for the offence under Section 4 331(5) of BNS against the accused. The charges as alleged by the petitioner for the offences under Sections 116, 109, 352 of BNS could not be attracted against the accused. He would further submit the respondent police never colluded with the respondent No.6 and never threatened the petitioner to withdraw the case. 5. Considering the submissions, the Writ Petition is disposed of. However, the police are directed to look into the grievance of the petitioner since the investigation is pending and take appropriate steps according to Governing Rules and Law. 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: 19.09.2025. UPS 5 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.25676 of 2025 Dated.19.09.2025 UPS 547