APHC010624802018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY, THE TWENTY FOURTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION No. 29748/2018 Between: GUTHURTHI MURALI, S/O. KUTANNA, AGED 50 YEARS, OCC. SCHOOL ASSISTANT, R/O. D. NO. 5-125, HASINI RESIDENCY, 3RD FLOOR, SANTHOSH NAGAR, VAKALAPUDI VILLAGE, KAKINADA, EAST GODAVARI DISTRICT, ANDHRA PRADESH. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPLE SECRETARY (HOME DEPARTMENT), SECRETARIAT BUILDINGS AT VELGAPUDI, GUNTUR DISTRICT, ANDHRA PRADESH. 2. THE SUPERINTENDENT OF POLICE, EAST GODAVARI DISTRICT AT KAKINADA, EAST GODAVARI DISTRICT, ANDHRA PRADESH. 3. THE STATION HOUSE OFFICER, SARPAVARAM POLICE STATION, KAKINADA, EAST GODAVARI DISTRICT, ANDHRA PRADESH. 4. PABBINEEDI VENKATA KRISHNA, S/O. SARVARAYUDU, AGED 50 YEARS, OCC. BUSINESS AND CULTIVATION, R/O. GURAJANAPALLI, KARAPA MANDAL, EAST GODAVARI DISTRICT, ANDHRA PRADESH. 5. THUMMALA SURI BABU, S/O. PADMA RAJU, AGED 52 YEARS, OCC. TEACHER AT HARBOR UPPER PRIMARY SCHOOL AT KAKINADA, EAST GODAVARI DISTRICT, ANDHRA PRADESH. (R,R1 TO 2 AND 4 TO 5 NOT NECESSARY PARTY) ...RESPONDENT(S): Counsel for the Petitioner: 1. V SAI KUMAR Counsel for the Respondent(S): 1. GP FOR HOME (AP) The Court made the following: ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “.... a Writ of Mandamus declaring the action of the 3rd respondent in not registering the crime upon the report of the petitioner dated 07.07.2018 against the respondents 4 and 5 herein for their illegal acts of cheating, 2 stealth of Cheques and Documents of the petitioner as illegal, arbitrary and also oppose to the verdict passed by the Apex Court in Lalitha Kumari V/s, State consequentially, direct the 3rd respondent to register a crime basing on the report made by the petitioner dated 07.07.2018 against the respondents 4 and 5 herein forthwith.” 2. Sri Md.Farooq, learned Assistant Government Pleader for Home, on written instructions, would submit that, since the matter relates to civil disputes, the complaint given by the Petitioner was closed as “Civil in Nature”. 3. For ready reference, the written instructions are extracted hereunder: “2. It is submitted that the petitioner has sent the complaint dt. 07.07.2018 through post to the Superintendent of Police, E.G.District and the SHO, Sarpavaram P.S., E.G.District. On receipt of the same in the 3rd respondent police station, the same was entered in the General Diary of the police station on 22.08.2018 and conducted enquiry thereon by recording the statement of the petitioner, wherein it is disclosed that the matter relates to civil disputes, wherein CC No. 885/2018 filed by the 4th respondent against the petitioner u/s. 138 to 142 of Negotiable Instruments Act, is pending on the file of the Hon'ble Special Mobile JFCM Court, Kakinada. Therefore, the complaint of the petitioner was closed as 'Civil in Nature', advising him to seek redressal of his grievance before the competent court, where the CC No. 885/2018 is pending.” 4. Sri V.Sai Kumar, learned counsel for the Petitioner would submit that the Court may pass appropriate orders. 5. Considering the submissions made, the Writ Petition is disposed of. However, the Petitioner is at liberty to work out his remedies before appropriate forum in accordance with law. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed. ________________________________________ Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA Date:24.07.2025 Dinesh 3 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.29748 of 2018 Dt.24.07.2025 Dinesh