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2025 DAILYLAW 39289 (AP)

Kothamasu Srinivas Suresh Babu , v. The State of Andhra Pradesh,

WP/42191/2018 · 2025-07-20

Venkata Jyothirmai Pratapa

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Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010862572018 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 HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 42191 OF 2018 Between: Kothamasu Srinivas Suresh Babu, S/o. Kothamasu Anantha Ramaiah, aged 45 years, R/o. Chirala Polimera Road Chirala 523 155, Prakasam District. ...Petitioner AND 1. The State of Andhra Pradesh, Rep by its Principal Secretary, Home Department, Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The Superintendent of Police, Prakasam District, Ongole. 3. The Deputy Superintendent of Police, Ongole, Prakasam District. 4. The Station House Officer, Chirala 1 Town Police Station, Chirala Prakasam District. ...Respondents Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents police in not registering the FIR basing on the complaint of the petitioner dated 26.10.2017 is illegal, arbitrary and against the principles natural justice and also violation of Article 14, 19, 21 and 300-A of Constitution of India and consequently direct the respondents police to entertain the complaint and / / register the FIR against the culprits basing on the complaint of the petitioner dated 26.10.2017. lA NO: 1 OF 2018 is filed praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondents police to register the FIR basing on the complaint dated 26.10.2017 to take action against the culprits, pending disposal of the main writ petition. Petition under Section 151 CPC Counsel for the Petitioner: SRI RIZWAN ALI SHAIK Counsel for the Respondents: GP FOR HOME The Court made the following order: APHC010862572018 IN THE HIGH COURT OF ANDHFRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE TWENTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT the honourable dr. justice VENKATA JYOTHIRMAI PFtATAPA WRIT PETITION No. 42191/2018 [3396] Between: kothamasu srinivas suresh babu ANANTHA RAMAIAH aged 45 YEARS. RIO. CHIRALA POLIMERA road CHIRALA 523 155 PRAKASAM DISTRICT S/0. KOTHAMASU ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT, VELAGA.PUDI, AMARAVATHI, GUNTUR DISTRICT 2. THE SUPERINTENDENT OF POLICE, PRAKASAM DISTR ^NGOLE 3.THE DEPUTY SUPERINTENDENT OF POLICE, ONGOLE, PRAKASAM DISTRICT 4.THE STATION HOUSE OFFICER, CHIRALA 1 TOWN POLICE STATION, CHIRALA PRAKASAM DISTRICT \n-r i O . ...RESPONDENT(S): Counsel for the Petitioner: 1.RIZWAN ALI SHAIK 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 respondents police in not registering the FIR basing on the complaint of the petitioner dated 26.10.2017 is illegal, arbitrary and against the principles natural justice and also violation of Aiiicle 14, 19, 21 and 300-A of Constitution of India and consequently direct the respondents police to entertain the complaint and register the FIR i 2 against the culprits basing on the complaint of the petitioner dated 26.10.2017.” 2. Sri Md.Farooq, learned Assistant Government Pleader for Home, on written instructions, would submit that, the crime is registered based on the private complaint filed by the Petitioner. 3. For ready reference, the written instructions are extracted hereunder: “6. White so on 26.10.2017 the petitioner sent a report to the Superintendent of Police, Prakasam District through post with the fact of same incident. As the allegation are is the same nature with the contents of Cr. No. 100/2015 of Chirala 1 Town P.S and the petitioner is the one of finance victim in the same matter the then SHO did not registered the petitioner's petition as FIR as the version of petitioner is incorporated in Cr. No. 100/2015 of Chirala I Town P.S and the petitioner has been included as one of the witnesses. 7. On that the petitioner filed CFR in the Hon'ble Court vide CFR No: 446/2022 and same forwarded to SHO, Chirala I Town P.S. Casing on the CFR as case was registered In Cr. No 146/2022 U/s 420, 406 IPC & 3, 5 APPDFE Act r/w 156(3) Cr.P.C. on 24.04.2022 at 10.00 hours and is under investigation for collection of original documents for handwriting expert examination. ” 4. Sri Rizwan Ali Shaik, learned counsel for the Petitioner would submit recording the same, the petition may be disposed of. 5. Considering the submissions made, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed. Sd/- B. CHITTI JOSEPH ASSISTANT REGISTRAR SECTION OFFICER //TRUE COPY// To, 1. The Principal Secretary, Home Department, State of Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The Superintendent of Police, Prakasam District, Ongole 3. The Deputy Superintendent of Police, Ongole, Prakasam District 4. The Station House Officer, Chirala Prakasam District. 5. One CC to Sri Rizwan Ali Shaik, Advocate [OPUC] 6. Two CCs to GP for Home, High Court of Andhra 7. Two CD Copies Andhra Pradesh, 1 Town Police Station, Chirala Pradesh [OUT] HIGH COURT DATED:21/07/2025 I ossePm ^ ^ Current Section ORDER WP NO. 42191 OF 2018 disposing of the w.p. WITHOUT COSTS