Extracted from the PDF above. The PDF is authoritative.
APHC010581122025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY, THE SIXTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 30317/2025 Between:
1. NARVANENI MURALI, S/O.N.HANUMANTHA RAO, AGED ABOUT 54 YEARS, OCC BUSINESS,
R/0.H.N0.6-6/B, RYTHUPETA, NANDIGAMA, NTR DISTRICT. ...PETITIONER AND
1. THE STATION HOUSE OFFICER, NANDIGAMA POLICE STATION, NANDIGAMA, NTR DISTRICT. 2. THE COMMISSIONER OF POLICE, NTR COMMISSIONARATE, VIJAYAWADA, NTR DISTRICT. 3. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY,
HOME DEPARTMENT,
SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 4. SURYADEVA CHALAMAIAH, S / O. SATYANARAYANA, AGED ABOUT 51 YEARS, OCC BUSINESS,
R/O.RYTHUPETA, NANDIGAMA, NTR DISTRICT. 5. CHEKURI HEMALATHA, W/O.RADHA KRISHNA PRASAD, AGED ABOUT 65 YEARS, OCC HOUSE WIFE, R/O.RYTHUPETA, NANDIGAMA, NTR DISTRICT. 6. NALLANI LAKSHMI SAI PRASAD, S/O.VENKATESWAR RAO, AGED ABOUT 60 YEARS, R/O.RYTHUPETA, NANDIGAMA, NTR DISTRICT. 2
7. KAMASANI SATYAVATHI, W /O.KRISHNAMURTHY, AGED ABOUT 70 YEARS, OCC MUNICIPAL COUNSELLOR, R/O.NEHRU NAGAR, NANDIGAMA, NTR DISTRICT. 8. EVURI SURESH, S/O.VENKATA RAMAIAH AGED ABOUT 50 YEARS, OCC BUSINESS, R/O.RYTHUPETA, NANDIGAMA, NTR DISTRICT. 9. PALETI SATISH, S/O.PADDAIAH, AGED ABOUT 58 YEARS, OCC BUSINESS, R/O.RYTHUPETA, NANDIGAMA, NTR DISTRICT. 10. VASIREDDY PRASAD, S/O.NARAYANA, AGED ABOUT 60 YEARS, OCC BUSINESS AND POLITICAL SERVICE, R/O.KONAYIPALEM VILLAGE, CHINDARLAPADU MANDAL, NTR DISTRICT. 11. UPPUTURI VASUDEVA RAO, S/O.RAMA RAO, AGED ABOUT 60 YEARS, OCC LECTURER, R/O.RYTHUPETA, NANDIGAMA, NTR DISTRICT. 12. VASIREDDY SATYANARAYANA PRASAD VSP, S/O.LAXMI NARSIMHA RAO AGED ABOUT 70 YEARS, OCC RETIRED LECTURER, R/O.RYTHUPETA, NANDIGAMA, 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 a writ, order or direction more particularly one in the nature of writ of Mandamus to declare the action of the Respondent No.l in not registering the FIR and proceed to conduct investigation in pursuant to the Complaint dated 30-09-2025 made by the Petitioners against the Respondents No.4 to 12 even in spite of the contents of the complaint clearly disclose the commission of the cognizable offences of cheating, criminal breach of trust, falsification of accounts, misappropriation of funds of the Association, forgery, using the forged document as genuine conspiracy etc., as arbitrary, illegal and contrary to section 173 of BNSS and in violation of Article 14 and 21 of the Constitution of India and consequently direct the Respondent No.l to register the FIR based on the complaint dated 30-09- 2025 made by the Petitioner against the Respondents No.4 to 12 for committing the offences of cheating, criminal breach of trust, falsification of accounts, misappropriation of funds of the Association, forgery, using the forged document as genuine conspiracy etc., and to proceed with the investigation in accordance with law in the interest of justice. 3
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 to direct the Respondent No.l to register the FIR based on the complaint dated 30- 09-2025 made by the Petitioner against the Respondents No.4 to 12 for committing the offences of cheating, criminal breach of trust, falsification of accounts, misappropriation of funds of the Association, forgery, using the forged document as genuine conspiracy etc., forthwith pending disposal of the Writ Petition in the interest of justice. Counsel for the Petitioner:
1. P NAGENDRA REDDY Counsel for the Respondent(S):
1.
GP FOR HOME
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THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 30317 of 2025 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 the nature of writ of Mandamus to declare the action of the Respondent No.1 in not registering the FIR and proceed to conduct investigation in pursuant to the Complaint dated 30-09- 2025 made by the Petitioners against the Respondents No.4 to 12 even in spite of the contents of the complaint clearly disclose the commission of the cognizable offences of cheating, criminal breach of trust, falsification of accounts, misappropriation of funds of the Association, forgery, using the forged document as genuine conspiracy etc., as arbitrary, illegal and contrary to section 173 of BNSS and in violation of Article 14 and 21 of the Constitution of India and consequently direct the Respondent No.1 to register the FIR based on the complaint dated 30-09- 2025 made by the Petitioner against the Respondents No.4 to 12 for committing the offences of cheating, criminal breach of trust, falsification of accounts, misappropriation of funds of the Association, forgery, using the forged document as genuine conspiracy etc., and to proceed with the investigation in accordance with law in the interest of justice…”
2. Heard Sri P.Nagendra Reddy, learned counsel for the petitioner and Sri V.Farook, learned Assistant Government Pleader for Home for the official respondents. 3. Learned Assistant Government Pleader for Home, on written instructions, would submit that the preliminary enquiry is going on, on the report given by the petitioner. The respondent-police requested the petitioner to submit some documents in the enquiry, but the petitioner did not turn up. 5
4. At this juncture, learned counsel for the petitioner would submit that the petition may be disposed of giving liberty to the petitioner to pursue his complaint by furnishing all the documents which are required for the purpose of registration of the case. 5. Considering the submissions, this Writ Petition is disposed of. However, the petitioner is at liberty to pursue his complaint by furnishing the necessary documents to the police in the enquiry. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr.
JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 06.11.2025. UPS
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HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA
W.P.No.30317 of 2025
Dated.06.11.2025
UPS
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