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Dr.VJP,J W.P.No.5488 of 2022 APHC010084062022
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)
FRIDAY,THE TWENTY FIRST DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 5488 OF 2022 Between:
1. Sirra Sam Babu, S/o. Sirra John Bunyan Aged 42 years, Occ Pvt. Employee R/o. H. No. 7-1-88/51, Kakatiya Colony, Road No. 7, L.B. Nagar, R.R. District -500074 ...Petitioner AND
1. The State of Andhra Pradesh, Rep by its Principal Secretary, Home Department, Secretariat Buildings, Velagapudi, Amaravati, Andhra Pradesh -
500022. 2. The Superintendent of Police, East Godavari District, Near Banugudi Junction, Kakinanda, Andhra Pradesh -533305. 3. The Station House Officer, Mandapeta Town P.S., Mandapeta, East Godavari District, Andhra Pradesh -533308. 4. Mr N Raju, S/o. Not known to petitioner Aged about 50 years, Occ Employee 0/0. Mandapeta Town P.S., Mandapeta, East Godavari District, Andhra Pradesh -533308. 5. Mandapalli Asritha, W/o Sirra Sam Babu D/o. Late Mandapalli Anand Aged 36 years, Occ Household R/o. H. No. 1-2-7, SDA Church Street,
Dr.VJP,J W.P.No.5488 of 2022 Mandapeta (Village, Post and Mandal), East Godavari District, Andhra Pradesh -533308 ...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 a Writ, Order, or Direction more particularly one in the nature of Writ of Mandamus directing respondent officials to not to coerce petitioner and his family members to arrive at an out of court settlement in respect of pending matrimonial case viz. F.C.O.P. No. 1033 of 2021 with Respondent 5 and be pleased to pass Counsel for the Petitioner: G BHANU PRASAD Counsel for the Respondents: GP FOR HOME
Dr.VJP,J W.P.No.5488 of 2022 The Court made the following ORDER:
1.
This Writ Petition is filed under Article 226 of Constitution of India with the following prayer:
“…to issue an appropriate Writ or order or direction, more particularly one in the nature of Writ of Mandamus, challenging the inaction on the part of the respondent No. 2 to 4 in registering a First Information Report on the complaint dated, 18.12.2021 respectively given to 4th respondent and 22.12.2021 given to respondent No.2 and 3 against respondent No. 5 as being illegal, arbitrary, Unconstitutional, abdication of duty cast on them and violative of Article 14 and 21 of the Constitution of India apart from being contrary to the scheme envisage under Code of Criminal Procedure,1973 and contrary to the law laid down by the Hon'ble Supreme Court of India in Lalitha Kumari Vs. State of Uttar Pradesh reported in (2014) 2 SCC 1 and consequently to direct the official respondents to take Appropriate action on the complaint by registering the FIR against the respondent No. 5 as per law..”
2. No representation for the petitioner. Heard Sri V.Farook, learned Assistant Government Pleader for Home for respondents. 3. Learned Assistant Government Pleader for Home for respondents would submit that police have not registered the FIR since it is a civil dispute and police are not interfering in the civil dispute between the parties. 4. Recording the same, the writ petition is disposed of. As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed. ________________________________________
Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA
Date: 21.11.2025 Dvs
Dr.VJP,J W.P.No.5488 of 2022 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA 309
WRIT PETITION NO: 5488 OF 2022 Date: 21.11.2025 Dvs