APHC010548472023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3368] TUESDAY, THE TWENTY EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI WRIT PETITION NO: 28421/2023 Between: 1. MUTHYALA SAIDESWARA RAO, S/O.VENKATESWARA RAO AGED ABOUT 57 YEARS, OCC, BUSINESS, R/O.DANGE NAGAR, JAGGAYYAPET, NTR DISTRICT. 2. MUTHYALA MANI, W/O.MUTHYALA SAIDESWARA RAO AGED ABOUT 48 YEARS, OCC, HOUSE WIFE, R/O.DANGE NAGAR, JAGGAYYAPET, NTR DISTRICT. ...PETITIONER(S) AND 1. THE STATION HOUSE OFFICER, JAGGAIAHPET POLICE STATION, NTR COMMISSIONARATE, JAGGAIAHPET, NTR DISTRICT. 2. THE STATION HOUSE OFFICER, CHILLAKALLU POLICE STATION, NTR COMMISSIONARATE, CHILLAKALLU, NTR DISTRICT. 3. THE STATION HOUSE OFFICER, VATSAVAI POLICE STATION, NTR COMMISSIONARATE, VATSAVAI MANDAL, NTR DISTRICT. 4. THE STATION HOUSE OFFICER, PENUGANCHIPROLU POLICE STATION, NTR COMMISSIONARATE, PENUGANCHIPROLU MANDAL, NTR DISTRICT. 2 5. THE INSPECTOR OF POLICE, JAGGAIAHPET CIRCLE, JAGGAIAHPET, NTR DISTRICT. 6. THE COMMISSIONER OF POLICE, NTR COMMISSIONARATE, VIJ AYAWADA, NTR DISTRICT. 7. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI. 8. MADDIRALA LAKSHMAMMA, W/O.LATE M.NARASAIAH, AGED ABOUT 65 YEARS, OCC. HOUSE WIFE, R/ O. CHILLAKALLU VILLAGE, JAGGAIAHPET MANDAL, NTR DISTRICT. 9. PATI RAMADEVI, W/ O.JAGGAIAH, AGED ABOUT 50 YEARS, OCC. HOUSE WIFE, R/ O.THORRAGUNTAPALEM VILLAGE, JAGGAIAHPET MUNICIPALITY, NTR DISTRICT. 10. NANDANAMUDI RAJESWARI, W/O.LATE RAVI, AGED ABOUT 40 YEARS, OCC. HOUSE WIFE, R/O.SHER MOHAMMEDPET, JAGGAIAHPET MANDAL, NTR DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner(S): 1. P NAGENDRA REDDY Counsel for the Respondent(S): 1. GP FOR HOME The Court made the following: 3 THE HONOURABLE SRI JUSTICE B.V.L.N.CHAKRAVARTHI WRIT PETITION No.28421 OF 2023 O R D E R: This writ petition under Article 226 of the Constitution of India is filed for the following relief: “…to issue a writ, order or direction more particularly one in the nature of writ of Mandamus declaring the action of the Respondents in intending to register the FIR against the Petitioners without conducting preliminary enquiry based on the complaints made by the Respondents No.8 to 10 even inspite of the contents of the complaint clearly disclose civil in nature and the civil disputes are seized by the competent civil courts and trying to arrest the Petitioners without following the procedure prescribed U/sec.41-A of Cr.P.C as arbitrary, illegal and violation of Article 14 and 21 of Constitution of India and consequently direct the Respondents No.1 to 5 not to register the FIR against the Petitioners without conducting preliminary enquiry based on the complaints made by the Respondents No.8 to 10 which disclose civil in nature and the dispute is seized by the competent civil court and to pass......” 2. Heard Sri P.Nagendra Reddy, learned counsel for the petitioners and learned Additional Government Pleader for Home. 3. Learned Additional Government Pleader for Home on written instructions would submit that respondent No.1 registered F.I.R. in Crime No.319 of 2023 for the offence under Sections 420, 384, 389 and 506 I.P.C. and during investigation arrested the petitioner No.1, and he was granted bail. So far as allegation of the petitioners with regard to the reports given by the 4 respondent No.8 to 10 is concerned, police did not receive any reports from respondent No.8 to 10, and no cases were registered basing on reports of respondent Nos.8 to 10 in the jurisdiction of Jaggaiahpet, Vatsavai, Chillakallu and Penuganchiprolu Police Stations and therefore, the allegations of the petitioners are not true and correct, and police will follow due procedure established by law, in the event of receipt of any reports from respondent Nos.8 to 10. 4. The submissions of the learned Additional Government Pleader for Home are placed on record. 5. In the light of the above submissions made by the learned Additional Government Pleader for Home, this Court is of the considered opinion that no further orders are required in the writ petition. 6. Accordingly, the Writ Petition is closed. There shall be no order as to costs. As a sequel thereto, the interlocutory applications, if any, pending in this Writ Petition shall stand closed. ______________________________ JUSTICE B.V.L.N. CHAKRAVARTHI 28.01.2025. Pmk 5 29 THE HONOURABLE SRI JUSTICE B.V.L.N. CHAKRAVARTHI WRIT PETITION No: 28421 OF 2023 Date:28.01.2025 Pmk