1 APHC010941162018 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 VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 45492/2018 Between: 1. NAGALA KASULAMMA,, W/O. CHITTIBABU, AGED 70 YEARS, OCC- HOUSE WIFE, R/O. DOOR NO. 51-1-7, JAGANNADHAPURAM, KAKINADA, EAST GODAVARI DISTRICT, ANDHRA PRADESH. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPLE SECRETARY HOME DEPARTMENT , SECRETARIAT BUILDINGS AT VELAGAPUDI, GUNTUR DISTRICT, ANDHRA PRADESH. 2. THE SUPERINTENDENT OF POLICE, VISAKHAPATNAM RURAL DISTRICT AT VISAKHAPATNAM, VISAKHAPATNAM DISTRICT, ANDHRA PRADESH. 3. THE STATION HOUSE OFFICER, ATCHUTAPURAM POLICE STATION, VISAKHAPATNAM DISTRICT, ANDHRA PRADESH. 4. GANDIBOINA VENKATA APPA RAO, S/O. APPA RAO, AGED 32 YEARS, R/O. CHODAPALLI VILLAGE, ATCHUTAPUR, MANDAL, VISAKHAPATNAM DISTRICT, ANDHRA PRADESH. 5. DUNGA NAGESHWARA RAO, S/O. DURGAIAH, AGED 28 YEARS, R/O. CHODAPALLI VILLAGE, ATCHUTAPURAM MANDAL, VISAKHAPATNAM DISTRICT, ANDHRA PRADESH. ...RESPONDENT(S): 2 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 Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the 3rd respondent in not registering the crime against the respondents 4 and 5 herein along with others for their illegal acts on the report made by the petitioner dated 28.11.2018 under receipt dated 04.12.2018 as illegal, arbitrary and also contemptuous in nature as well as oppose to the verdict of the Apex Court in Lalitha Kumari Vs. State as well as abuse of power of Police, consequentially direct the 3rd respondent to register crime on the report made by the petitioner dated 28.11.2018 under receipt dated 04.12.2018 forthwith by taking necessary action as well as to conduct investigation by taking statements as per law and to 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 3rd respondent to register crime on the report made by the petitioner dated 28.11.2018 under receipt dated 04.12.2018 forthwith by taking necessary action as well as to conduct investigation by taking statements as per law pending disposal of the above writ petition and to pass Counsel for the Petitioner: 1. S M SUBHAN Counsel for the Respondent(S): 1. GP FOR HOME (AP) 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 45492/2018 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “…pleased to issue a Writ or Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the 3rd respondent in not registering the crime against the respondents 4 and 5 herein along with others for their illegal acts on the report made by the petitioner dated 28.11.2018 under receipt dated 04.12.2018 as illegal, arbitrary and also contemptuous in nature as well as oppose to the verdict of the Apex Court in Lalitha Kumari Vs. State as well as abuse of power of Police, consequentially direct the 3rd respondent to register crime on the report made by the petitioner dated 28.11.2018 under receipt dated 04.12.2018 forthwith by taking necessary action as well as to conduct investigation by taking statements as per law and to pass…” 2. Heard Sri S.M.Subhan, learned Counsel for the petitioner and Sri Md.Farooq, learned Assistant Government Pleader for Home for the respondents. 3. When the matter is taken up for hearing, learned Assistant Government Pleader for Home would submit that since the matter is of civil in nature, crime is not registered on the representation of the petitioner. 4. Learned Counsel for the petitioner would submit that recording the same, the petition may be disposed of, giving liberty to the petitioner to pursue the matter before appropriate forum. 5. Recording the same, the Writ Petition is disposed of. However, the petitioner is at liberty to recourse her remedies according to law before the appropriate forum. No order as to costs. 4 As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 25.07.2025 UPS 5 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.45492 of 2018 Dated.25.07.2025 UPS 230