APHC010655582018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3368] MONDAY, THE EIGHTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI WRIT PETITION NO: 31492/2018 Between: 1. GUNTHOTI PRASAD, S/O.BUCHAIAH, AGED ABOUT.64 YEARS, OCC. AGRICULTURE, R/O. S.C.COLONY, JARUGUMALLI VILLAGE, JARUGUMALLI MANDAL, PRAKASAM DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT BUILDINGS, AMARAVATHI,GUNTUR DIST.A.P. 2. THE STATION HOUSE OFFICER, JARUGUMALLI POLICE STATION, JARUGUMALLI MANDAL, PRAKASAM DISTRICT. 3. BAKKAMANTHULA KOTESWARARAO, S/O. JALAIAH, AGED ABOUT 60 YEARS, R/O. VAVILETIPADU VILLAGE, JARUGUMALLI MANDAL, PRAKASAM DISTRICT. 4. NUTHALAPATI VENKATESWARLU, S/O. SUBBAIAH, . AGED ABOUT 60 YEARS, R/O. VAVILETIPADU VILLAGE, JARUGUMALLI MANDAL, PRAKASAM DISTRICT. 5. NUTHALAPATI KONDAIAH, S/O. SUBBAIAH AGED ABOUT. 59 YEARS, R/O. VAVILETIPADU VILLAGE, JARUGUMALLI MANDAL, PRAKASAM DISTRICT. 2 6. NUTHALAPATI BRAHMAIAH, S/O. SUBBAIAH AED ABOUT. 60 YEARS, RIO. VAVILETIPADU VILLAGE, JARUGUMALLI MANDAL, PRAKASAM DISTRICT. 7. NUTHALAPATI NAGESWARA RAO, S/O. SUBBAIAH, AGED ABOUT. 56 YEARS, R/O. VAVILETIPADU VILLAGE, JARUGUMALLI MANDAL, PRAKASAM DISTRICT. 8. MANUGUNTA SRINU, S/O. VENKATASWAMY, AGED ABOUT. 38 YEARS, R/O. VAVILETIPADU VILLAGE, JARUGUMALLI MANDAL, PRAKASAM DISTRICT. 9. MANUGUNTA SHIVA, S/O. VENKATASWAMY, AGED ABOUT. 36 YEARS,R/O. VAVILETIPADU VILLAGE, JARUGUMALLI MANDAL, PRAKASAM DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner: 1. G JAGADEESWAR Counsel for the Respondent(S): 1. GP FOR HOME (AP) The Court made the following: 3 THE HONOURABLE SRI JUSTICE B.V.L.N.CHAKRAVARTHI WRIT PETITION No.31492 OF 2018 ORDER: This Writ Petition is filed under Article 226 of the Constitution of India for the following relief: “….issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent No.2 in not registering the F.I.R against the respondent no.3 and his followers i.e., respondents no. 4 to 9 under the proper provisions of The Scheduled Castes and Scheduled Tribes(Prevention of Atrocities) Act 1989 and other proper provisions of the Indian Penal Code is as illegal, arbitrary, unjust and against the Principles of Natural Justice, consequently directing the respondent no.2 to register the F.I.R against the respondent no.3 to 9 and arrest them forth with and pass…” 2. Heard learned counsel representing Sri G.Jagadeeswar, learned counsel for the writ petitioner and learned Assistant Government Pleader for Home. 3. Learned Assistant Government Pleader for Home on written instructions would submit that basing on the report presented by the writ petitioner, police registered a case in Crime No.76 of 2018 for the offence under Sections 447, 427, 143, 147, 323, 506 r/w 149 of IPC and Sections 3(i)(f)(r)(s) & 3(ii)(va) r/w 6 of SC, ST (POA) Act of Jarugumalli Police Station on 09.09.2018, and investigated into the case and subsequently, referred the case as ‘false’, as per orders of Superintendent of Police, Ongole, Prakasam District. 4. In that view of the matter, the petitioner is at liberty to approach the Jurisdictional Magistrate for necessary redressal in accordance with law in the light of judgment of the Hon’ble Apex Court in the 4 case of M.Subramaniam and Another, Appellants Vs. S.Janaki and Another, Respondents1. Therefore, the writ petition is closed at the stage of admission, without going into merits of the case. 5. Accordingly, the Writ Petition is closed. There shall be no order as to costs. As a sequel thereto, interlocutory applications, if any, pending in this Writ Petition shall stand closed. ______________________________ JUSTICE B.V.L.N. CHAKRAVARTHI 08.09.2025 Pmk 1 (2020 SCC Online SC 341) 5 13 THE HONOURABLE SRI JUSTICE B.V.L.N. CHAKRAVARTHI WRIT PETITION No:31492 OF 2018 Date: 08.09.2025 Pmk