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2025 DAILYLAW 41960 (AP)

R PENTA RAO v. THE STATE OF ANDHRA PRADESH

WP/31604/2025 · 2025-11-13

Venkata Jyothirmai Pratapa

body2025

Judgment text

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APHC010608302025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] FRIDAY,THE FOURTEENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 31604/2025 Between: 1. R PENTA RAO, S/O R DEMUDU, AGED 40 YEARS, R/O D. NO. 2-50, B C COLONY, LANDKELAPALEM VILLAGE, PARAWADA MANDAL, VISAKHAPATNAM DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, A P SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE COMMISSIONER OF POLICE, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT. 3. THE STATION HOUSE OFFICER, GAJUWAKA POLICE STATION, VISAKHAPATNAM. 4. SRI ADAPA PRASAD, S/O APPALARAJU, AGED 36 YEARS, OCC. BUSINESS, R/O 54-11-15/1, PLOT NO.T2, ADITYAVILLA, SIVALAYAM STREET, ISAKATHOTA, VISAKHAPATNAM. 5. SRI ADAPA JAGRUTHI, W/O PRASAD, AGED 31 YEARS, OCC. HOUSEHOLD, R/O 54-11-15/1, PLOT NO.T2, ADITYAVILLA, SIVALAYAM STREET, ISAKATHOTA, VISAKHAPATNAM. ...RESPONDENT(S): Counsel for the Petitioner: 1. S A V RATNAM 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 for: “.... to issue a suitable writ, order or direction more particularly one in the nature of Writ of mandamus declaring the inaction on the part of the Respondents 2 and 3 in registering the crime against the Respondents 4 and 5 on the complaints of the Petitioner as illegal, arbitrary and voilative of Principles of 2 natural justice and consequently direct the Respondents 2 and 3 to register a case against 4th and 5th Respondents in pursuance of the Complaints, Dt.17-03-2025 and 05-04-2025 for cheating and attempt to physical assault and pass.” 2. Heard Ms. S A V Ratnam, learned counsel for the petitioner and Sri Md.Farooq Learned Assistant Government Pleader for Home. 3. Learned Assistant Government Pleader for Home submits that the police have not registered the crime on the complaint filed by the petitioner since the matter is civil in nature, instead they have forwarded the comp complaint to the pre litigation forum. 4. Recording the said submissions, the Writ Petition is disposed of. However, the petitioner is a liberty to work out his remedies before appropriate forum according to 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:14.11.2025 RSD 3 32 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.31604 of 2025 Date:14.11.2025 RSD