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2025 DAILYLAW 39522 (AP)

G.B.Nagesh Kumar v. State of Andhra Pradesh,

WP/44737/2018 · 2025-09-07

B V L N Chakravarthi

body2025

Judgment text

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APHC010926102018 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: 44737/2018 Between: 1. G.B.NAGESH KUMAR, S/O G.R.BHARATHAIAH AGED 55 YEARS, C/O JAI SRIMAN NARAYANA ASRAM, OPP. RAMA TULASI KALYANA MANDAPAM, CHINTALACHENU, TIRUPATHI, CHITTOOR DISTRICT. ...PETITIONER AND 1. STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT AT A P SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE SUPERINTENDENT OF POLICE, TIRUPATHI URBAN, TIRUPATHI, CHITTOOR DISTRICT. 3. THE STATION HOUSE OFFICER, ALIPIRI P.S. TIRUPATHI, CHITTOOR DISTRICT. 4. THE SUPERINTENDENT OF POLICE, C.B.C.I.D. PADMAVATHIPURAM, TIRUPATHI, CHITTOOR DISTRICT. ...RESPONDENT(S): 2 Counsel for the Petitioner: 1. K SARVA BHOUMA RAO 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.44737 OF 2018 ORDER: This Writ Petition is filed under Article 226 of the Constitution of India for the following relief: “….issue a Writ of Mandamus or any other appropriate Writ or Writs, Order or Direction, declaring the action of Respondents No. 2 and 3 in not registering case against the accused basing on the complaint made by petitioner on 11.7.2018 as illegal, arbitrary and unconstitutional and to consequently direct the Respondent No. 2 and 3 to forthwith act upon the complaint made by Petitioner on 11.7.2018 and register the case against the accused as per the principles laid down by Honourable Supreme Court in the case of Lalitha Kumari vs State of U.P. and thereafter transfer the case to 4th Respondent for investigation in the matter Award costs and pass…” 2. Heard Sri K.Sarva Bhouma Rao, 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 police did not receive any report from the petitioner on 11.07.2018 as alleged in the petition. Therefore, they did not register any case. On record, nothing shows that the petitioner presented a report to concerned Station House Officer, as required under Section 154 of Cr.P.C. to register F.I.R. 4. This Court already directed the petitioner to approach either jurisdictional Magistrate or the concerned police for necessary redressal as laid down by the Hon’ble Apex Court in the case of 4 M.Subramaniam and Another, Appellants Vs. S.Janaki and Another, Respondents1. 5. In that view of the matter, nothing remains for further adjudication in the writ petition. The petitioner is at liberty to approach either the jurisdictional Magistrate or the concerned police for necessary redressal in accordance with law. Therefore, the writ petition is closed at the stage of admission, without going into merits of the case. 6. 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 14 THE HONOURABLE SRI JUSTICE B.V.L.N. CHAKRAVARTHI WRIT PETITION No:44737 OF 2018 Date: 08.09.2025 Pmk