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2025 DAILYLAW 39183 (AP)

Manda Prabhakara Rao v. State of Andhra Pradesh,

WP/40108/2018 · 2025-07-20

Venkata Jyothirmai Pratapa

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Judgment text

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APHC010831272018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) . MONDAY, THE TWENTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 4Q1Qfi OF 2018 S o u Between: Manda Prabhakara Rao, S/o. Satyanandham, aged 43 years, R/o. H.No. 6- 185, Jagannadhapuram, Vipparru road, Ganapavaram, West Godavari District. ...Petitioner AND 1. State of Andhra Pradesh, Rep. by its Principal Secretary Department, Secretariat, Velagapudi, Thullur Mandal Guntur District. 2. The Director General of Police, Andhra Pradesh, Vijayawada. 3. The Superintendent of Police, West Godavari District, Eluru. 4. The Sub-Divisional Police Officer/ Deputy Superintendent of Police, Eluru Division, Eluru, West Godavari District. 5. The Inspector of Police, Ganapavaram Circle, Ganapavaram, West Godavari District. 6. Station House Officer, Nidamarru Police Station District. 7. G Srinivasa Yadav, Inspector of Police, Ganapavaram Circle, West Godavari District. 8. Vijaya Kumar, Sub-Inspector of Police, Nidamarru District. Home Amaravathi, West Godavari West Godavari 9. K A V Satyanarayana Raju @Avanthi Sathibabu, S/o. Ramaraju, aged 45 years, R/o. Karanam gari Street, Ganapavaram Village and Mandal, West Godavari District. 10. Md Shardi Uddin, Deputy Surveyor, Nidamarru Mandal, West Godavari District. ...Respondents 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 issue a writ or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Police Authorities in not registering Crime/FIR on Petitioners complaint dated 25-08-2018 and harassing and threatening the Petitioner for withdrawal of complaint dated 25-08-2018 illegal and unconstitutional and violation of Articles 14, 19 and 21 of the Constitution of India apart from violation of Principles of Natural Justice as and consequently direct the respondents 2 to 4 to conduct enquiry and take necessary action against respondents 7 and 8. lA NO: 1 OF 2Q1« 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 direct the Respondent authorities to register a Crime/FIR on the compliant dated 25-08-2018 lodged by the petitioner and investigate the crime as per law. to Counsel for the Petitioner: SMT. NIMMAGADDA REVATHI Counsel for the Respondent Nos. 1 to 6: GP FOR HOME Counsel for the Respondent No. 9: SRI B CHANDRA SHEKHAR Counsel for the Respondent Nos. 7, 8 & 10; The Court made the following order: '•' /■ m APHC010831272018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] MONDAY,THE TWENTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 40108/2018 Between: 1.MANDA PRABHAKARA RAO, S/0. SATYANANDHAM, AGED 43 YEARS, R/0. H.NO. 6-185, JAGANNADHAPURAM, VIPPARRU ROAD, GANAPAVARAM, WEST GODAVARI DISTRICT. ...PETITIONER AND 1. STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, THULLUR MANDAL, AMARAVATHI, GUNTUR DISTRICT. 2. THE DIRECTOR GENERAL OF POLICE, ANDHRA PRADESH, VIJAYAWADA. 3. THE SUPERINTENDENT OF POLICE, WEST GODAVARI DISTRICT, ELURU. 4. THE SUBDIVISIONAL POLICE OFFICER/ DEPUTY SUPERINTENDENT OF POLICE, ELURU DIVISION, ELURU, WEST GODAVARI DISTRICT. 5. THE INSPECTOR OF POLICE, GANAPAVARAM CIRCLE, GANAPAVARAM, WEST GODAVARI DISTRICT. 6. STATION HOUSE OFFICER, NIDAMARRU POLICE STATION, WEST GODAVARI DISTRICT. 7. G SRINIVASA YADAV, INSPECTOR OF POLICE, GANAPAVARAM 2 CIRCLE, WEST GODAVARI DISTRICT. VIJAYA KUMAR, SUB-INSPECTOR OF POLICE, NIDAMARRU, WEST GODAVARI DISTRICT. 8. AVANTHI SATHIBABU, S/0. . K A V SATYANARAYANA RAJU RAMARAJU, AGED 45 YEARS, R/0. KARANAM GARI STREET, GANAPAVARAM VILLAGE AND MANDAL, WEST GODAVARI DISTRICT. 9. 10.MD SHAMI UDDIN, DEPUTY SURVEYOR, NIDAMARRU MANDAL, WEST GODAVARI DISTRICT. ...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 or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Police Authorities in not registering Crime/FIR on Petitioners complaint dated 25-08-2018 and harassing and threatening the Petitioner for withdrawal of complaint dated 25- 08-2018 as illegal and unconstitutional and violation of Articles 14, 19 and 21 of the Constitution of India apart from violation of Principles of Natural Justice and consequently direct the respondents 2 to 4 to conduct enquiry and take necessary action against respondents 7 and 8 and pass lANO: 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 authorities to register a Crime/FIR on the compliant dated 25-08-2018 lodged by the petitioner and investigate the crime as per law d pass Counsel for the Petitioner; I.NIMMAGADDA REVATHI Counsel for the Respondent(S); 1.GP FOR HOME(AP) 2.B CHANDRA SHEKHAR 3 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 or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Police Authorities in not registering Crime/FIR on Petitioners complaint dated 25-08-2018 and harassing and threatening the Petitioner for withdrawal of complaint dated 25-08-2018 as illegal and unconstitutional and violation of Articles 14, 19 and 21 of the Constitution of India apart from violation of Principles of Natural Justice and consequently direct the respondents 2 to 4 to conduct enquiry and take necessary action against respondents 7 and 8 and pass....’’ 2. Heard Smt. Nimmagadda Revathi, learned counsel for the petitioner and Sri V.Farook, learned Assistant Government Pleader for Home. 3. Learned counsel for the petitioner would submit that the police are not registering a crime/FIR on the petitioner’s complaint dated 25.08.2018 and are harassing and threatening the petitioner to withdraw the complaint. 4. Learned Assistant Government Pleader, on written instructions, would submit that a case has been registered against the petitioner in Crime No. 100 of 2018 on 08.09.2018, and as a counterblast, the present complainthas been made by the petitioner. 5. Considering the submissions made, this writ petition is disposed of. However, the police are directed to look into the complaint dated 25.08.2018 of the petitioner and take action according to law within a period of two weeks from the date of receipt of a copy of this order. 4 As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. Sd/- B. PRASADA RAO ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Home Department, Secretariat, Velagapudi, Thullur Mandal, Amaravathi, Guntur District. 2. The Director General of Police, Andhra Pradesh, Vijayawada. 3. The Superintendent of Police, West Godavari District, Eluru. 4. The Sub-Divisional Police Officer/ Deputy Superintendent of Police, Eluru Division, Eluru, West Godavari District. 5. The Inspector of Police, Ganapavaram Circle, Ganapavaram, West Godavari District. 6. The Station House Officer, Nidamarru Police Station, West Godavari District. 7. One CC to Smt. Nimmagadda Revathi Advocate [OPUC] 8. Two CCs to GP for Home, High Court of Andhra Pradesh [OUT] 9. One CC to Sri B Chandra Shekhar, Advocate [OPUC] 10. Two CD Copies TF HIGH COURT DATED:21/07/2025 I 0 2 AUG 2025 M ^ . Current Section ORDER WP NO. 40108 OF 2018 DISPOSING OF THE W.P., WITHOUT COSTS