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Dr.VJP,J W.P.No.20920 of 2025 APHC010405402025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)
TUESDAY,THE EIGHTEENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 20920 OF 2025 Between:
1. KAJERI SEKHAR, S/o Venkata Subbaiah, Aged about 45 years, Occ Agriculture Collie R/o Vinnamala Village, Naidupeta Mandal, Tirupati District, (Erstwhile SPSR Nellore). ...Petitioner AND
1. THE STATE OF ANDHRA PRADESH, Rep by Its Principal secretary to Home DepartmenT secretariat buildings, Mandadam village, Thulluru Mandal, Guntur District. 2. Director General of Police, . Government of Andhra Pradesh, Mangalagiri Mandal, Guntur District, Amaravati. 3. The superintendent of PolicE, Tirupati District, Tirupati. 4. The Station House officer, Naidupeta Police Station, Naidupeta Mandal, Tirupati District, (Erstwhile SPSR Nellore). 5. Amavarapu Murali, S/o Raghuramaiah, aged about 52 years, Occ ZP. School Teacher, R/o Kotha Harijanawada,Vinnamala Village, Naidupeta Mandal, Tirupati District, (Erstwhile SPSR Nellore). Dr.VJP,J W.P.No.20920 of 2025
6. Amavarapu Satham KadalI, S/o Raghuramaiah, aged about 48 years, Occ Business, R/o Kotha Harijanawada,Vinnamaia Village, Naidupeta Mandal, Tirupati District, (Erstwhile SPSR Nellore). 7. Bathala Srikanth, S/o Manohar, aged about 28 years, Occ Business, R/o Kotha Harijanawada, Vinnamala Village, Naidupeta Mandal, Tirupati District, (Erstwhile SPSR Nellore). 8. Ozili Pullaiah, S/o Maraiah, aged about 56 years, Occ Business, R/o Kotha Harijanawada, Vinnamala Village Naidupeta Mandal, Tirupati District, (Erstwhile SPSR Nellore). 9. 0zili Maraiah, . S/o Pullaiah, aged about 23 years, Occ Private Employee, R/o Kotha Harijanawada,Vinnamala Village, Naidupeta Mandal, Tirupati District, (Erstwhile SPSR Nellore). 10. Thepallpudi Hari, S/o Subbaro, aged about 26 years, Occ Business, R/o Kotha Harijanawada, Vinnamala Village, Naidupeta Mandal, Tirupati District, (Erstwhile SPSR Nellore). 11. Thepallpudi Subbarao, S/o Subbaramaiah, aged about 55 years, Occ Business, R/o Kotha Harijanawada, Vinnamala Village, Naidupeta Mandal, Tirupati District, (Erstwhile SPSR Nellore). 12. Yerravandla Mohan, S/o Venkataswamy, aged about 34 years, Occ Advocate, R/o Kotha Harijanawada, Vinnamala Village, Naidupeta Mandal, Tirupati District, (Erstwhile SPSR Nellore). 13. Rayapu Krishana, S/o Ankaiah, aged about 35 years, OccAdvocate, R/o Kotha Harijanawada, Vinnamala Village, Naidupeta Mandal, Tirupati District, (Erstwhile SPSR Nellore). 14. Bathala Ashok, S/o Ramanaiah, aged about 25 years, Occ Advocate, R/o Kotha Harijanawada, Vinnamala Village, Naidupeta Mandal, Tirupati District, (Erstwhile SPSR Nellore).
Dr.VJP,J W.P.No.20920 of 2025 ...Respondents 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 an appropriate writ, order direction more particularly one in the nature of WRIT OF MANDAMUS declaring the high handed action of Respondents No 4 in collusion with Respondent No 5 to 14 for not registering the FIR under sections 109, 118(2),119, 329 r/w 3(5) of B.N.S (sections 307,326,327,447,r/w 34 iPC),corresponding to the injuries sustained by the petitioner on 10.07.2025 at seen of offence in agricultural land to an extent of Ac 01.70 cents in sy no 75 situated at Vinnamala Villlage, Naidupeta Mandal, instead of doing so, the respondent No 4 simply registered the FIR No 229 of 2025 dated 15.07.2025 under section 118(1) r/w 3(5) of BNS more over foisted a false case vide FIR No 231 of 2025 dated 15.07.2025 against the petitioner is illegal, arbitrary violation of section 173 (3) Bhartiya Nagarik Suraksha Samhitha besides Article 14, 19 and 21 of the Constitution of India and consequently direct the respondent no 4 to Re register FIR No 229 of 2025 dated 15.07.2025 and to alter the sections as 109, 118(2),119, 329 r/w 3(5) of B.N.S (sections307,326,327,447, r/w 34 IPC), and to file charge sheet, by stay of all further proceedings in respect of FIR No 231 of 2025 dated 15.07.2025 and pass Counsel for the Petitioner: TATA SINGAIAH GOUD Counsel for the Respondents: GP FOR HOME Counsel for the Respondents:SOMASEKHAR.M
Dr.VJP,J W.P.No.20920 of 2025 The Court made the following ORDER:
1.
This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for:
“…to issue an appropriate writ, order direction more particularly one in the nature of WRIT OF MANDAMUS declaring the high handed action of Respondents No 4 in collusion with Respondent No 5 to 14 for not registering the FIR under sections 109, 118(2),119, 329 r/w 3(5) of B.N.S (sections 307,326,327,447,r/w 34 IPC),corresponding to the injuries sustained by the petitioner on 10.07.2025 at seen of offence in agricultural land to an extent of Ac 01.70 cents in sy no 75 situated at Vinnamala Villlage, Naidupeta Mandal, instead of doing so, the respondent No 4 simply registered the FIR No 229 of 2025 dated 15.07.2025 under section 118(1) r/w 3(5) of BNS more over foisted a false case vide FIR No 231 of 2025 dated 15.07.2025 against the petitioner is illegal, arbitrary violation of section 173 (3) Bhartiya Nagarik Suraksha Samhitha besides Article 14, 19 and 21 of the Constitution of India and consequently direct the respondent no 4 to Re register FIR No 229 of 2025 dated 15.07.2025 and to alter the sections as 109, 118(2),119, 329 r/w 3(5) of B.N.S (sections307,326,327,447, r/w 34 IPC), and to file charge sheet, by stay of all further proceedings in respect of FIR No 231 of 2025 dated 15.07.2025...”
2. Heard Sri Tata Singaiah, learned counsel for petitioner and Sri V.Farook, learned Assistant Government Pleader for Home for respondents. 3. Learned Assistant Government Pleader for Home would submit that injuries sustained by the victim are simple in nature. Dr.VJP,J W.P.No.20920 of 2025
4. Learned counsel for petitioner would submit that petitioner suffered grievous injuries and investigation is still pending. Be that as it may. 5. Considering the submissions, the writ petition is disposed of. However, petitioner is at liberty to furnish whatever information that is available with him to the investigating officer and on submitting such information, the investigating officer can proceed with the investigation and take appropriate steps according to law and conclude the investigation and file a report as expeditiously as possible preferable within a period of two months from the date of receipt of copy of this order. As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed. ________________________________________
Dr.
JUSTICE VENKATA JYOTHIRMAI PRATAPA
Date: 18.11.2025 Dvs
Dr.VJP,J W.P.No.20920 of 2025 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA
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WRIT PETITION NO: 20920 OF 2025 Date: 18.11.2025 Dvs