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2025 DAILYLAW 39745 (AP)

Tella Samuel, v. The State of Andhra Pradesh

WP/47819/2018 · 2025-07-24

Venkata Jyothirmai Pratapa

body2025

Judgment text

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APHC010989772018 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: 47819/2018 Between: 1. TELLA SAMUEL,, S/O. T.YESU, AGED ABOUT 70 YEARS, OCC AGRICULTURE, R/O. VIJAYNAGAR COLONY VILLAGE, CHIRALA RURAL MANDAL, PRAKASAM DISTRICT, A.P ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, HOME DEAPRTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT, A.P. 2. THE SUPERINTENDENT OF POLICE, ONGOLE, PRAKASAM DISTRICT. 3. THE STATION HOUSE OFFICER, P.S. CHIRALA II TOWN, 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 to to issue a Writ or order or direction more particularly one in the nature of Writ of Mandamus declaring the action of Respondents No. 2 and 3 in not registering the crime and investigate on the report lodged by petitioner on 05-11-2018 as illegal, arbitrary, unconstitutional and violation of directions of apex court verdict rendered in LalitaKumari v. Govt. of U.P and consequently direct the Respondents No. 2 and 3 to register crime basing on the report lodged by the petitioner dated 05-11-2018 and investigate into the matter 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 Respondents No. 2 and 3 to register crime basing on the report lodged by the petitioner dated: 05-11-2018 and investigate into the matter pending disposal of the above writ petition and to pass Counsel for the Petitioner: 1. C B ADARSH KUMAR Counsel for the Respondent(S): 1. GP FOR HOME 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 or order or direction more particularly one in the nature of Writ of Mandamus declaring the action of Respondents No. 2 and 3 in not registering the crime and investigate on the report lodged by petitioner on 05- 11-2018 as illegal, arbitrary, unconstitutional and violation of directions of apex court verdict rendered in LalitaKumari v. Govt. of U.P and consequently direct the Respondents No. 2 and 3 to register crime basing on the report lodged by the petitioner dated 05-11-2018 and investigate into the matter and pass.…” 2. Heard Sri C.B.Adarsh Kumar, learned counsel for the petitioner and Sri V.Farook, learned Assistant Government Pleader for Home. 3. Learned counsel for the petitioner would submit that the police are not considering the representation dated 05.11.2018 made by the petitioner. 4. Learned Assistant Government Pleader for Home on written instructions would submit that since the report of the petitioner is civil in nature, they have not registered the crime. 5. Recording the same, this Writ Petition is disposed of. However, the petitioner is at liberty to recourse his remedy before the appropriate forum, according to law. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATAJYOTHIRMAI PRATAPA Date: 25.07.2025 MH THE HONOURABLE DR JUSTICE VENKATAJYOTHIRMAI PRATAPA 186 WRIT PETITION NO: 47819/2018 Dt: 25.07.2025 MH