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2025 DAILYLAW 35454 (AP)

MUPPIDI SESHAKUMARI v. THE STATE OF AP

WP/29851/2024 · 2025-02-10

B V L N Chakravarthi

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Judgment text

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APHC010565752024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3368] MONDAY, THE TENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI WRIT PETITION NO: 29851/2024 Between: Muppidi Seshakumari ...PETITIONER AND The State Of Ap and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. MULLAPUDI SATYANARAYANA Counsel for the Respondent(S): 1. GP FOR HOME The Court made the following order: This Writ Petition under Article 226 of the Constitution of India is filed for the following relief: “to issue Writ more in the nature of Writ of Mandamus or any other writ order or direction declaring an illegal actions of the respondents No 1 to 3 more particularly respondent No 3 not to register my police report dated 22.08.2024 as first information report in violation of principles of natural justice Articles 14 15 and 21 of the constitution of India and 2 section 173 of Bharatiya Nagrick Suraksha Sanhita, 2023 is illegal, arbitrary and unconstitutional and consequently to direct the respondent No 3 to take cognizance of the report lodged by me on 22.08.2024 and to register an F.I.R first information report against the persons named therein for the offences punishable under Sections 303(2),317(4), 314, 316(2),323,324(5), 329(3) r/w 35 of Bharatiya Nyaya Sanhita, 2023 and recover the stolen palm oil crop and pass such...” 2. Heard learned counsel for the petitioner and learned Additional Government Pleader appearing for the State. 3. Learned Additional Government Pleader appearing for the State on written instructions would submit that the preliminary enquiry would reveal that it is a civil dispute between the parties and as such they will not interfere with the civil dispute and all the other allegations made in the affidavit are not true and correct. 4. Learned counsel for the petitioner would submit that the respondent/Police are harassing the petitioner by calling him to the Police Station, unlawfully. 5. In that view of the matter, this Court is of the considered opinion that the Writ Petition can be closed at the stage of admission itself, without going into merits of the case, by directing 3 the respondent/Police to follow due procedure established under law, if they intend to call the petitioner to the Police Station, in connection with any crime or enquiry. However, the petitioner is at liberty to approach the jurisdictional Magistrate, as per the provisions of BNSS, 2023, to lay a private complaint, as per law. 6. Accordingly, Writ Petition is closed. No order as to costs. Interlocutory applications, if any, pending shall stand closed. _______________________ ___ JUSTICE B.V.L.N. CHAKRAVARTHI Dated: 10.02.2025 RMD/PSA 4 THE HONOURABLE SRI JUSTICE B.V.L.N. CHAKRAVARTHI WRIT PETITION NO: 29851 of 2024 Date: 10.02.2025 RMD/PSA