Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 38888 (AP)

Smt. Agnipalli Ramanamma v. The State of Andhra Pradesh

WP/38508/2018 · 2025-07-16

Venkata Jyothirmai Pratapa

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010783692018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY,THE SEVENTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 38508/2018 Between: 1. SMT. AGNIPALLI RAMANAMMA, W/O. AGNIAPLLI HANUMANTHA RAO AGED ABOUT 70 YEARS, OCC. HOUSE WIFE, R/O. DOOR NO. 54-1-31, ISUKATHOTA, VISAKHAPATNAM, ANDHRA PRADESH 2. AGNIPALLI HANUMANTHA RAO, S/O. LATE AGNIPALLI GOVINDA RAO , AGED ABOUT 75 YEARS, OCC. BUSINESS, R/O. DOOR NO. 54-1-31, ISUKATHOTA, VISAKHAPATNAM, ANDHRA PRADESH ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT, AMARAVATHI, GUNTUR DISTRICT, ANDHRA PRADESH. 2. THE COMMISSIONER OF POLICE, VISAKHAPATNAM, ANDHRA PRADESH 3. THE STATION HOUSE OFFICER, III TOWN POLICE STATION, VISAKHAPATNAM, ANDHRA PRADESH. 4. KALLA SANKAR, S/O. NOT KNOWN MAJOR, OCC. BUSINESS, R/O. DOOR NO. 1-9-3, PATHA VENKOJIPALEM, VISAKHAPATNAM. 5. DAILIBOINA KRISHNA RAO, S/O. RANGANAYAKULU, MAJOR OCC. BUSINESS, R/O. FLAT NO. 403, VIKAS RESIDENCY, OPP.SAMPATH VINAYAK TEMPLE, VISAKHAPATNAM. 6. JOGA VIJAYALAKSHMI, W/O. KRISHNARAO, MAJOR, OCC. 2 HOUSE WIFE, R/O. FLAT NO. 403, VIKAS RESIDENCY, OPP.SAMPATH VINAYAK TEMPLE, VISAKHAPATNAM. 7. PACHAVA SRINIVASA BABU, S/O. VENAKTESWARA RAO, MAJOR, OCC. BUSINESS, R/O. DOOR NO. 1-84-21/2, VENGAMAMBA NIVAS, HIG 217. SECTOR IV MVP COLONY, VISAKHAPATNAM. 8. PACHAVA VENKATESWARA RAO, S/O. CHINA VENGAYYA, MAJOR, OCC. BUSINESS, R/O. DOOR NO. 1-84-21/2, VENGAMAMBA NIVAS, HIG 217, SECTOR IV MVP COLONY, VISAKHAPATNAM. 9. POOSARLA HARINATHA MURALI KRISHNA, S/O. LATE KAMARAJU, MAJOR, OCC. BUSINESS, R/O. 1-51-1/2, SECTOR I M.V.P COLONY, VISAKHAPATNAM-530 017. 10. POOSARLA LAKSHMI, W/O. HARINATHA MURALI KRISHNA MAJOR, OCC. BUSINESS, R/O. 1-51-1/2, SECTOR I M.V.P COLONY, VISAKHAPATNAM-530 017. ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to to issue a writ order or direction more particularly one in the nature of writ of Mandamus declaring the inaction of the respondents No. 2 and 3 in pursuance to the representations dated. 27-12-2017, 20-03-2018 and 20-09- 2018 by the petitioners in taking action against the respondents No. 4 to 10 as well as not registering the FIR, as illegal, arbitrary and violation of the provisions of criminal procedure code as well as violation of article 14, 16 and 21 of the Constitution of India and consequentially direct the 2nd and 3rd respondents to registered the FIR in pursuance to the aforesaid petitioners representations enquiry and take stern action against the respondent No. 4 to 10 according to law and pass IA NO: 1 OF 2018 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondent No. 2 and 3 to enquiry into the representation dated. 20- 09-2018 of the petitioners made to them to take necessary action against the respondent No. 4 to 10 and passed appropriate orders pending disposal of the writ petition and pass 3 Counsel for the Petitioner(S): 1. S SRINIVASA SHARMA Counsel for the Respondent(S): 1. GP FOR HOME (AP) 4 The Court made the following: ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer: “….to issue a writ order or direction more particularly one in the nature of writ of Mandamus declaring the inaction of the respondents No. 2 and 3 in pursuance to the representations dated. 27-12-2017, 20-03-2018 and 20-09- 2018 by the petitioners in taking action against the respondents No. 4 to 10 as well as not registering the FIR, as illegal, arbitrary and violation of the provisions of criminal procedure code as well as violation of article 14, 16 and 21 of the Constitution of India and consequentially direct the 2nd and 3rd respondents to registered the FIR in pursuance to the aforesaid petitioners representations enquiry and take stern action against the respondent No. 4 to 10 according to law and pass.….” 2. None represented for the petitioners. 3. Learned Assistant Government Pleader would submit that the police cannot register the case against the unofficial respondents, since the matter is of the civil in nature. 4. Recording the same, this writ petition is disposed of. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 17.07.2025 MH 5 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA 126 WRIT PETITION NO: 38508/2018 Dt.17.07.2025 MH