APHC010852552018 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 HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 41118 OF 2018 Between: Byri Sanyasi, S/o.Late Somayya, Aged about 66 R/o.D.No.C/61, Killipalm village, District, A.P. Occ; Cultivation, Srikakulam years, Srikakulam Rural Mandal ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Home Department, A.P Secretariat at Velagapudi, Amaravathi Capital City, Guntur District. 2. The Superintendent of Police, Srikakulam District at Srikakulam 3. The Station House Officer, Srikakulam Rural Police Station, town and District. 4. Mutcha Appa Rao, S/o.Mandali @ Mandalivadu, Aged about 48 Cultivation, R/o.D.No.C/95, Killipalem village, Srikakulam Srikakulam District. 5. Mutcha Raja Rao, S/o.Mandali @ Mandalivadu, Aged about 45 years, Occ Cultivation, R/o.D.No.C/93, Killipalem village, Srikakulam Srikakulam District. 6. Mutcha Ramanamurthy, S/o.Mandali @ Mandalivadu, Aged Occ. Cultivation, Mandal, Srikakulam District. Srikakulam years, Occ. Rural Mandal, Rural Mandal, about 41 years. R/o.D.No.C/94, Killipalem village, Srikakulam Rural f 7. Kunchi Ramana @Ramanamurthy, S/o.Dalayya, Aged about 45 years, Cultivation, R/o.D.No.C/81, Killipalem village, Srikakulam Rural , Srikakulam District. 4 -a' tiunchi Suri Babu @ Suryanarayana, S/o.Dalayya, Aged about 32 years, '• . A, Occ. Cultivation, R/o.D.No.C/81, Killipalem village, Srikakulam Rural Mandal, Srikakulam District. 9. Mutcha Polivadu @ Poli Naidu, S/o.Viswanadam, Aged about 35 years, Occ. Cultivation, R/o.D.No.C/92, Killipalem village, Srikakulam Rural Mandal, Srikakulam District. 10. Mutcha Gowri, W/o.Nagaiah, Aged about 40 years, Occ. Household, R/o.D.No.C/84, Killipalem village, Srikakulam Rural Mandal, Srikakulam District. 11. Mutcha Atchayyamma, W/o.Dasu, Aged about 43 years, Occ. Household, R/o.D.No.C/89, Killipalem village, Srikakulam Rural Mandal, Srikakulam District. ( R10, R11 Not Necessary party). ...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, order or direction, particularly one in the nature of Writ of Mandamus, declaring the action of the 3"'^ respondent in not registering the FIR on the complaint dated 4.9.2018 submitted by the petitioner against the respondents 4 to 11 and their men, which is contrary to the provisions of Criminal Procedure Code and in violation of Judgment dated 12.11.2013 passed in Lalita Kumari vs Govt.of U.P. & Ors as the same is illegal, arbitrary and consequently direct the 3''^ respondent to give protection to the petitioner and register the complaint dated 4.9.2018 submitted by the petitioner. lA NO: 1 OF 2018 Petition under Section 151 CPC 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 3'^ respondent to give protection to the petitioner by registering the report dated 4.9.2018 submitted by the petitioner as FIR against the respondents 4 to 11, pending disposal of the above writ petition. Counsel for the Petitioner: SRI KRISHNA RAO MODHALAVALASA Counsel for the Respondent Nos.1 to 3 : GP FOR HOME Counsel for the Respondent Nos.4 to 9 : NONE APPEARED The Court made the following order: APHC010852552018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] mi MONDAY, THE TWENTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 41118/2018 Between; 1.BYRI SANYASI, S/0.LATE SOMAYYA, AGED ABOUT 66 YEARS, OCC. CULTIVATION, R/O.D.NO.C/61, KILLIPALM VILLAGE, SRIKAKULAM RURAL MANDAL, SRIKAKULAM DISTRICT, A.P. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, A.P SECRETARIAT AT VELAGAPUDI, AMARAVATHI CAPITAL CITY, GUNTUR DISTRICT. 2. THE SUPERINTENDENT OF POLICE, SRIKAKULAM DISTRICT AT SRIKAKULAM. 3. THE STATION HOUSE OFFICER, SRIKAKULAM RURAL POLICE STATION, SRIKAKULAM TOWN AND DISTRICT. 4. MUTCHA APPA RAO, S/O.MANDALI @ MANDALIVADU, AGED ABOUT 48 YEARS, OCC. CULTIVATION, R/O.D.NO.C/95, KILLIPALEM VILLAGE, SRIKAKULAM RURAL MANDAL, SRIKAKULAM DISTRICT. 5. MUTCHA RAJA RAO, S/O.MANDALI @ MANDALIVADU, AGED ABOUT 45 YEARS, OCC. CULTIVATION, R/O.D.NO.C/93, KILLIPALEM VILLAGE, SRIKAKULAM RURAL MANDAL, SRIKAKULAM DISTRICT. 6. MUTCHA RAMANAMURTHY, S/O.MANDALI @ MANDALIVADU, AGED ABOUT 41 YEARS, OCC. CULTIVATION, R/O.D.NO.C/94, 2 KILLIPALEM VILLAGE, SRIKAKULAM RURAL MANUAL, SRIKAKULAM DISTRICT. i 7. KUNCHI RAMANA ABOUT 45 YEARS, KILLIPALEM VILLAGE, SRIKAKULAM DISTRICT. RAMANAMURTHY, S/O.DALAYYA, AGED OCC. CULTIVATION, R/O.D.NO.C/81, SRIKAKULAM RURAL MANDAL, 8. KUNCHI SURi BABU SURYANARAYANA, S/O.DALAYYA, AGED ABOUT 32 YEARS OCC. CULTIVATION, R/O.D.NO.C/81, KILLIPALEM VILLAGE, SRIKAKULAM RURAL MANDAL, SRIKAKULAM DISTRICT. 9. MUTCHA POLIVADU POLI NAIDU, S/O.VISWANADAM, AGED ABOUT 35 YEARS, OCC. CULTIVATION, R/O.D.NO.C/92, KILLIPALEM VILLAGE, SRIKAKULAM RURAL MANDAL, SRIKAKULAM DISTRICT. 10.MUTCHA GOWRI, W/O.NAGAIAH, AGED ABOUT 40 YEARS, OCC. R/O.D.NO.C/84, HOUSEHOLD, KILLIPALEM SRIKAKULAM RURAL MANDAL, SRIKAKULAM DISTRICT. VILLAGE 11. MUTCHA ATCHAYYAMMA, W/O.DASU, AGED ABOUT 43 YEARS, OCC. HOUSEHOLD, R/O.D.NO.C/89, KILLIPALEM VILLAGE, SRIKAKULAM RURAL MANDAL, SRIKAKULAM DISTRICT. ( RIO, R11 NOT NECESSARY PARTY). ...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, particularly one in the nature of Writ of Mandamus, declaring the action of the 3rd respondent in not registering the FIR on the complaint dated 4.9.2018 submitted by the petitioner against the respondents 4 to 11 and their men, which is contrary to the provisions of Criminal Procedure Code and in violation of Judgment dated 12:11.2013 passed in Lalita Kumari vs Govt.Of Li.P.81. Ors as the same is illegal, arbitrary and consequently direct the 3rd respondent to give protection to the petitioner and register the complaint dated 4.9.2018 submitted by the petitioner and to pass lANQ: 1 OF 2018 3 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 3rd respondent to give protection to the petitioner by registering the report dated 4.9.2018 submitted by the petitioner as FIR against the respondents 4 to 11, pending disposal of the above writ petition and pass Counsel for the Petitioner: 1. KRISHNA RAO MODHALAVALASA 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, particularly one in the nature of Writ of Mandamus, declaring the action of the 3rd respondent in not registering the FIR on the complaint dated 4.9.2018 submitted by the petitioner against the respondents 4 to 11 and their men, which is contrary to the provisions of Criminal Procedure Code and in violation of Judgment dated 12.11.2013 passed in Lalita Kumari vs Govt.Of LI.P.81. Ors as the same is illegal, arbitrary and consequently direct the 3rd respondent to give protection to the petitioner and register the complaint dated 4.9.2018 submitted by the petitioner and to pass....” Heard Sri M.Krishna Rao, learned counsel for the petitioner and Sri 2. V.Farook, learned Assistant Government Pleader for Home. Learned counsel for the petitioner would submit that the police are not 3. registering the case against the respondent Nos.4 to 11, in pursuance to the representation dated 04.09.2018 made by the petitioner. Learned Assistant Government Pleader, on written instructions, would 4. submit that the civil dispute in O.S.No.32 of 2012, on the file of learned Senior Civil Judge Court, Srikakulam is pending between the parties and the matter is purely civil in nature. 5. Learned counsel for the petitioner would submit that recording the same, the petition may be disposed of. 5 Recording the submission of learned Assistant Government Pleader, 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 6. closed. Sd/- M. SRINIV.AS ASSISTANT F^GiSTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Home Department, State of Andhra Pradesh, A.P Secretariat at Velagapudi, Amaravathi Capita! City, Guntur District. 2. The Superintendent of Police, Srikakulam District at Srikakulam. 3. The Station House Officer, Srikakulam Rural Police Station, Srikakulam town and District. 4. One CC to Sri Krishna Rao Modhalavaiasa, Advocate [OPUC] 5. Two CCs to GP for Home, High Court of Andhra Pradesh [OUT 6. Two CD Copies Cnr HIGH COURT DATED:21/07/2025 § H I SEP 2025 ^ Current Section . ORDER WP NO. 41118 OF 2018 DISPOSING OF THE W.P. WITHOUT COSTS