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2025 DAILYLAW 40712 (AP)

A LALITHA v. THE STATE OF AP

WP/35611/2025 · 2025-12-19

Venkata Jyothirmai Pratapa

body2025

Judgment text

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APHC010691162025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] SATURDAY,THE TWENTIETH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 35611/2025 Between: 1. A LALITHA, W/O.A.VENKATESWARA RAO, AGED ABOUT 48 YEARS, OCC PROPRIETOR OF SRI LALITHA MARINES, SITUATED AT K.BITRAGUNTA, JARUGUMALLI MANDAL, PRAKASAM DISTRICT. R/O.K.BITRUGANTA VILLAGE, JARUGUMALLI MANDAL, PRAKASAM DISTRICT. 2. A.SIVA RAMA KRISHNA,, S/O.VENKATESWARA RAO, AGED ABOUT 30 YEARS, OCC WORKING PARTNER OF SRI LALITHA MARINES, SITUATED AT K.BITRAGUNTA, JARUGUMALLI MANDAL, PRAKASAM DISTRICT. R/O.K.BITRUGANTA VILLAGE, JARUGUMALLI MANDAL, PRAKASAM DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF AP, REP BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI,GUNTUR DISTRICT. 2. THE SUPERINTENDENT OF POLICE, SPSR NELLORE DISTRICT, NELLORE. 3. THE STATION HOUSE OFFICER, NELLORE RURAL POLICE STATION, SPSR NELLORE DISTRICT. 4. THE STATION HOUSE OFFICER, THOTAPALLIGUDERU POLICE STATION, SPSR NELLORE DISTRICT. 2 5. P PURANDHAR REDDY, FATHER NAME NOT KNOWN TO THE PETITIONER, OWNER OF SAI PRAWNS, DOOR NO.16-7-65, RAMMURTHY NAGAR, FIRST STREET, NELLORE TOWN, SPSR NELLORE DISTRICT. 6. VENKATESWARLU, FATHER NAME NOT KNOWN TO THE PETITIONER, OCC TRANSPORTER, 2/3, OFFICE AT AUTONAGAR, NELLORE, SPSR NELLORE 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 toPleased to issue a writ, order or direction more particularly one in nature of Writ of Mandamus declaring the inaction on the part of respondent no.2 to 4 in acting on the complaint, dated 09-06-2025 submitted through PGRS wherein I has requested to take action against the respondent No.5 and 6 for theft of two lorries of Prawns weighing 2537 and 1413 KGs respectively which was purchased by me from B.Bharathi and K.Lakshmiah of Venkatayapalem, Nellore District as illegal, arbitrary, contrary to the provisions of BNSS, abdication of statutory duty caste on him, apart form be violative fundamental rights, guaranteed to us under articles 14, 19 and 21 of the constitution of India and consequently direct the respondents no.2 to 4 to act on the complaint, dated 09-06-2025 submitted by us and take appropriate action on the same and pass IA NO: 1 OF 2025 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 pleased to direct the respondents no.2 to 4 to act on the complaint, dated 09- 06-2025 submitted by us and take appropriate action on the same, pending disposal of the above Writ Petition and pass Counsel for the Petitioner(S): 1. P V N KIRAN KUMAR Counsel for the Respondent(S): 1. GP FOR HOME 3 The Court made the following: ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “…to issue a writ, order or direction more particularly one in nature of Writ of Mandamus declaring the inaction on the part of respondent no.2 to 4 in acting on the complaint, dated 09-06- 2025 submitted through PGRS wherein I has requested to take action against the respondent No.5 and 6 for theft of two lorries of Prawns weighing 2537 and 1413 KGs respectively which was purchased by me from B.Bharathi and K.Lakshmiah of Venkatayapalem, Nellore District as illegal, arbitrary, contrary to the provisions of BNSS, abdication of statutory duty caste on him, apart form be violative fundamental rights, guaranteed to us under articles 14, 19 and 21 of the constitution of India and consequently direct the respondents no.2 to 4 to act on the complaint, dated 09-06-2025 submitted by us and take appropriate action on the same and pass...…” 2. Heard learned Counsel for the petitioner and learned Assistant Government Pleader for Home. 3. Learned counsel for the petitioner would submit that it is a case of non-registration of FIR on the complaint made by the petitioner. Learned counsel would further submit that after filing of this writ petition, crime has been registered against the complaint made by the petitioner in FIR No.222 of 2025, under Section 308(2), r/w 3(5) of BNS, 2023. 4. Learned Assistant Government Pleader would submit that Court may pass appropriate orders. 4 5. Recording the submission of learned counsel for the petitioner, this Writ Petition is disposed of. 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: 20.12.2025 MH 5 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA 116 W.P.No.35611 of 2025 Dated 23.12.2025 MH