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2025 DAILYLAW 35549 (AP)

YARRAMSETTY VENKATARAO v. The State of Andhra Pradesh

WP/29947/2024 · 2025-02-10

B V L N Chakravarthi

body2025

Judgment text

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APHC010566902024 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: 29947/2024 Between: Yarramsetty Venkatarao ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. GUNDALA SIVA PRASADA REDDY 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 a Writ order or direction more particularly one in the nature of Writ of Mandamus to register the crime by 3rd Respondent/SHO on the petitioner report dated 25 10 2024 against the 4th and 5th private respondents who high handedly trespassed in to petitioner land and manhandled 2 by uttering with filthy language without any documentary evidence without any power or authority under law 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 of the would reveal that it is a civil dispute between the petitioner and the unofficial respondent Nos.4 & 5 and as such they will not interfere with the civil dispute between the parties and all the other allegations made in the affidavit are not true and correct. 4. Learned counsel for the petitioner would submit that at the instance of unofficial respondent Nos.4 and 5, 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 the respondent/Police to follow due procedure established under 3 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: 29947 of 2024 Date: 10.02.2025 RMD/PSA