APHC010577142024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY,THE FOURTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 30286/2024 Between: 1. KURRA SARITA, W/O. GOPALA KRISHNA, AGED ABOUT 29 YEARS, R/O. 21-32, IBRAHIMPATNAM, IBRAHIMPATNAM MANDAL N.T.R. DISTRICT. PHONE NO. 7013631922. ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT, ANDHRA PRADESH. 2. THE DIRECTOR GENERAL OF POLICE, ANDHRA PRADESH, DGP OFFICE, MANGALAGIRI, GUNTUR DISTRICT, ANDHRA PRADESH. 3. THE COMMISSIONER OF POLICE, VIJAYAWADA CITY, VIJAYAWADA, KRISHNA DISTRICT, ANDHRA PRADESH. 4. THE ASSISTANT COMMISSIONER OF POLICE, WEST DIVISION, VIJAYAWADA, VIJAYAWADA, KRISHNA DISTRICT, ANDHRA PRADESH. 5. THE STATION HOUSE OFFICER, IBRAHIMPATNAM POLICE STATION, IBRAHIMPATNAM, N.T.R. DISTRICT, ANDHRA PRADESH. 6. PALABOINA SUGUNA, W/O. HANUMANTHARAO, AGE 55 YEARS, JUPUDI VILLAGE, IBRAHIMPATNAM MANDAL, NTR 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 issue an appropriate Writ, order, or direction, specifically one in the nature of a Writ of Mandamus, (a) directing Respondents No. 2 to 5 to immediately register an FIR based on the Petitioners complaint dated 16.12.2024, relating to the illegal entry, assault, extortion and theft of documents committed by Respondent No. 6 and others (b) To issue directions, restraining the Respondents No. 1 to 5 from interfering in the ongoing civil disputes between the Petitioner and private Respondents No. 6 and others, (c) To direct Respondents No. 1 to 5 to unlock the Petitioners house and restore possession to her immediately (d) To Direct the respondents for an impartial investigation into the conduct of Respondent No.5, particularly the police officers of Ibrahimpatnam Police Station, for collusion with the private Respondents and misuse of power and pass Counsel for the Petitioner: 1. V R MAHESWARA RAO PALETI Counsel for the Respondent(S): 1. GP FOR HOME 2. S.RAJA SEKHAR Kashyap 2 The Court made the following: ORDER: This Writ Petition under Article 226 of the Constitution of India, has been filed, by the Petitioner for the following relief: “ ... to issue an appropriate Writ, order, or direction, specifically one in the nature of a Writ of Mandamus, (a) directing Respondents No. 2 to 5 to immediately register an FIR based on the Petitioner’s complaint dated 16.12.2024, relating to the illegal entry, assault, extortion and theft of documents committed by Respondent No.6 and others (b) To issue directions, restraining the Respondents 1 to 5 from interfering in the ongoing civil disputes between the Petitioner and private Respondent No.6 and others, (c) To direct Respondents No. 1 to 5 to unlock the Petitioners house and restore possession to her immediately (d) To Direct the respondents for an impartial investigation into the conduct of Respondent No.5, particularly the police officers of Ibrahimpatnam Police Station, for collusion with the private Respondents and misuse of power and pass ...” Heard learned counsel for the Petitioner and Learned Assistant Government Pleader for Home representing for respondent State. Perused the material on record. Learned Assistant Government Pleader placed on record written instructions and would submit that based on the complaint given by Karri Satyavathi, against the Petitioner and others, a case in Crime No.644 of 2024 is registered by respondent No.5, respondent No.6 sent another complaint against the Petitioner and others, which is registered as a case in Crime No.589 of 2024 by respondent No.5, petitioner also gave another complaint on 16.12.2024 which is made an entry in GD entry, during enquiry, it revealed that the contents of the complaints are purely civil in nature which cannot be interfered by respondent police and requested to dispose of the Writ Petition by passing appropriate orders. 3 Considering the submissions, since there is a statutory remedy available to the Petitioner under BNSS, 2023, Petitioner is at liberty to work out the remedy before appropriate forum according to law. Respondent Police are directed to follow due process of law with regard to the subject matter. Accordingly, this Writ Petition is disposed of. No order as to costs. Pending applications, if any, shall stand closed. DR.JUSTICE VENKATA JYOTHIRMAI PRATAPA Mjl/* 04.12.2025 4 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA Writ Petition No. 30286 of 2024 04.12.2025 Mjl /*