APHC011035882017 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY, THE FIFTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION No. 100/2018 Between: M VINOD KUMAR, S/O DEVADAS S.C.HINDU, AGED ABOUT 43 YEARS, OCC. SENIOR ASSISTANT, MUMMIDIVARAM NAGAR PANCHAYAT MUMMIDIVARAM TOWN AND IVLANDAL E.G.DT ...PETITIONER AND 1. STATE OF AP, REPRESENTED BY ITS PRINCIPLE SECRETARY, HOME DEPARTMENT, SECRETARIAT ,VELAGAPUDI GUNTUR DISTRICT GUNTUR 2. THE SUPERINTENDENT OF POLICE, EAST GODAVARI DISTRICT ATKAKINADA 3. THE DIRECTOR GENERAL OF POLICE ANTI CORRUPTIONBUREAU, VIJAYAWADA. KRISHNA DISTRICT. ANDHRA PRADESH 4. THE DEPUTY SUPERINTENDENT OF POLICE ANTI CORRUPTION BUREAU, RAJAHMUNDIY RANGE, RAJAHMUNDRY, EAST GODAVARI DISTRICT 5. THE STATION HOUSE OFFICER, MUMMIDIVARAM POLICE STATION, MUMMIDIVARAM, EAST GODAVARI DISTRICT 6. SMT BHUPATHI SRI LAKSHMI, W/OVADDISUBBARAO HINDU, AGED ABOUT NOT KNOWN TO THE PETITIONER MANAGER, MUMMIDIVARAM NAGAR PANCHAYAT MUMMIDIVARAM VILLAGE AND MANDAL.EAST GODAVARI DISTRICT 7. CHELLI SANTHAKURNARI, W/0 ASHOK AND AGE NOT KNOWN TO THE PETITIONER 2ND WARD COUNCILOR AND CHAIRPERSON MUMMIDIVARAM NAGAR PANCHYATH. MUMMIDIVARAM VILLAGE AND MANDAL.EAST GODAVARI DISTRICT ...RESPONDENT(S): Counsel for the Petitioner: 1. S SYAMSUNDER RAO Counsel for the Respondent(S): 1. GP FOR HOME (AP) 2 The Court made the following: ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “.... a Writ of Mandamus declaring that the inaction on the part of the Respondents 1 to 5 in not taking action against the Report given by the petitioner Dated 30.8.2017 and 21.10.2017 for the offence threat of life committed by the Respondents 6 and 7 and others, is illegal, arbitrary and unconstitutional and consequentially to direct the Respondents 1 to 5 to register a Crime against the Respondent 6 and 7 and others as per the provisions of Chapter XII of Cr.P.C.” 2. When the matter is taken up for hearing, Sri Md.Farooq, learned Assistant Government Pleader for Home, on written instructions, would submit that the Police, after completion of investigation, referred the case as ‘false’. Learned Assistant Government Pleader could not get instructions regarding the service of notice on the Petitioner while referring the case as false. Needless to say that it is the responsibility of the learned Magistrate to issue notice before accepting the report of the Police referring the case as ‘false’ i.e., before closing the FIR. For ready reference, the written instructions are extracted hereunder: “It is submitted that the factual aspects of the case is that, the petitioner lodged a complaint before the 4th respondent police on dt:03-01-2018. Basing on the contents of the complaint obtain permission through JFCM Court, Mummidivaram Vide N.Dis No.14/2018 the 4th respondent police registered the case vide Cr.No.4/2018 U/s.506 r/w34 IPC. During the course of investigation the 5th respondent examined the LW1 to LW5 on dt:03-01-2018 and recorded their statements vide U/s 161(3) Cr.P.C. Further after detailed investigation the said case referred as False on 31-03-2018 vide C.No. 137/RFD/SDPO-A/2018 dated: 31-03-2018.” 3 3. Sri S.Syam Sunder Rao, learned counsel for the Petitioner would submit that the Court may pass appropriate orders by giving liberty to the Petitioner to work out his remedies in accordance with law. 4. Be that as it may. In the light of the aforementioned representations made before this Court, the Writ Petition is disposed of. However, the Petitioner is at liberty to challenge the decision taken by the Police and work out his remedies before appropriate forum in accordance with law. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed. ________________________________________ Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA Date:15.07.2025 Dinesh 4 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.100 of 2018 Dt.15.07.2025 Dinesh