APHC010949272018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] FRIDAY,THE TWENTY FIFTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATAJYOTHIRMAI PRATAPA WRIT PETITION NO: 45896/2018 Between: 1. MUNGIANAND, S/O.VENKATA RAO, AGED ABOUT 29 YEARS, OCC. DRIVER, R/O.D.NO.12-298, RAJUNAGAR, OPP. TOBACCO BOARD, PERNAMITTA VILLAGE. ONGOLE RURAL MANDAL, PRAKASAM DISTRICT. ...PETITIONER AND 1. STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. SUPERINTENDENT OF POLICE, PRAKASAM DISTRICT AT ONGOLE. 3. SUB DIVISIONAL SUPERINTENDENT OF POLICE, ONGOLE DIVISION, ONGOLE CITY, PRAKASAM DISTRICT. 4. STATION HOUSE OFFICER, ONGOLETALUG POLICE STATION, ONGOLE CITY, PRAKASAM 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 toto issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondents in not registering the crime on the petitioner's complaint dated 23.11.2018 on the life of 4th respondent as being illegal, irregular and amounts to non-discharge of 2 legal obligation conferred on the respondents under the provisions of the Code of Criminal Procedure, 1973 and offends Articles 14 and 21 of Constitution of India and consequently direct the 4th respondent to register the crime and prosecute the accused persons for appropriate offences and penal provisions of 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 4th respondent to register the crime on the petitioners complaint dated 23.11.20 18 and prosecute the accused persons for appropriate offences and penal provisions or law, pending disposal of the main writ petition and pass Counsel for the Petitioner: 1. NAGA PRAVEEN VANKAYALAPATI Counsel for the Respondent(S): 1. GP FOR HOME (AP) 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, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondents in not registering the crime on the petitioner's complaint dated 23.11.2018 on the life of 4th respondent as being illegal, irregular and amounts to non-discharge of legal obligation conferred on the respondents under the provisions of the Code of Criminal Procedure, 1973 and offends Articles 14 and 21 of Constitution of India and consequently direct the 4th respondent to register the crime and prosecute the accused persons for appropriate offences and penal provisions of law and pass.…” 2. Heard Sri V.Naga Praveen, learned counsel for the petitioner and Sri V.Farook, Learned Assistant Government Pleader for Home. 3. Learned counsel for the petitioner would submit that their grievance is that the police have not been registering the case on the representation given by the petitioner. 4. Learned Assistant Government Pleader on written instructions would submit that the offence is non-cognizable one, the complainant has to file the private complaint before the jurisdictional Magistrate Court. 5. Recording the same, this Writ Petition is disposed of. However, the petitioners are at liberty to recourse his remedies according to law before the appropriate forum. There shall be no order as to costs. 4 As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATAJYOTHIRMAI PRATAPA Date: 25.07.2025 MH 5 THE HONOURABLE DR JUSTICE VENKATAJYOTHIRMAI PRATAPA 166 WRIT PETITION NO: 45896/2018 Dt.25.07.2025 MH