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2025 DAILYLAW 42830 (AP)

CHERUKURI SIVA SITARAM v. The State of Andhra Pradesh,

WP/4044/2025 · 2025-12-03

Venkata Jyothirmai Pratapa

body2025

Judgment text

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APHC010070762025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY,THE FOURTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 4044/2025 Between: 1. CHERUKURI SIVA SITARAM, S/O. SUBBARAO, AGED 34 YEARS, OCC ARCHAKA IN SIVALAYAM TEMPLE, R/O. H.NO. 2-98, SIVALAYAM STREET, CHAGALLU VILLAGE AND MANDAL, EAST GODAVARI DISTRICT. 2. CHERUKURI SESHA KUMARI,, W/O. SUBBARAO, AGED 57 YEARS, OCC HOUSEWIFE, R/O. H.NO. 2-98, SIVALAYAM STREET, CHAGALLU VILLAGE AND MANDAL, EAST GODAVARI DISTRICT. 3. CHERUKURI SUBBARAO,, S/O. RAMARAO (LATE), AGED 67 YEARS, OCC ARCHAKA IN SIVALAYAM TEMPLE, R/O. H.NO. 2- 98, SIVALAYAM STREET, CHAGALLU VILLAGE AND MANDAL, EAST GODAVARI DISTRICT. 4. NUDURUPATI KAMESWARI BALA TRIPURA SUNDARI,, W/O. VISWA RANJIT, AGED 37 YEARS, OCC HOUSE WIFE, R/O. RAVINDRA NAGAR COLONY, NACHARAM, KAPRA, RANGA REDDY DISTRICT, TELANGAINA STATE. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT, AMARAVATI. 2. THE DIRECTOR GENERAL OF POLICE, ANDHRA PRADESH, MANGALAGIRI, GUNTUR DISTRICT. 3. THE SUPERINTENDENT OF POLICE, DR. B.R. AMBEDKAR KONASEEMA DISTRICT, AMALAPURAM. 4. THE DEPUTY SUPERINTENDENT OF POLICE, RAMACHADRAPURAM DIVISION, RAMACHADRAPURAM, DR. B.R. AMBEDKAR KONASEEMA DISTRICT. 5. THE INSPECTOR OF POLICE, RAMACHANDRAPURAM CIRCLE POLICE STATION, RAMACHANDRAPURAM, DR. B.R. AMBEDKAR KONASEEMA DISTRICT. 6. SUBINSPECTOR OF POLICE, DRAKSHARAMAM POLICE STATION, DRAKSHARAMAM VILLAGE, RAMACHANDRAPURAM 2 MANDAL, DR. B.R. AMBEDKAR KONASEEMA DISTRICT. 7. CHERUKURI NAGA MANOGNA, @ JUTTIKA NAGA MANOGNA, W/O. SIVA SITARAM, AGED 31 YEARS, OCC HOUSE WIFE. PRESENTLY R/O. H.NO. 8-66/A, PASUMARTHIVARI STREET, OPP JAIN TEMPLE, DRAKSHARAMAM VILLAGE, RAMACHANDRAPURAM MANDAL, DR. B.R. AMBEDKAR KONASEEMA DISTRICT. 8. JUTTIKA NAGA VANI ANNAPURNA, W/O. VENKATA DHARMANNA (LATE), OCC HOUSE WIFE, R/O. H.NO. 8-66/A, PASUMARTHIVARI STREET, OPP JAIN TEMPLE, DRAKSHARAMAM VILLAGE, RAMACHANDRAPURAM MANDAL, DR. B.R. AMBEDKAR KONASEEMA 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 an appropriate writ, order or direction, more particularly, one in the nature of Writ of MANDAMUS (1) Declaring the action of the Respondent Police in not registering the Complaint dated 30/01/2025 for the offences committed under provisions of the Bharatiya Nyaya Sanhita, 2023 by the Respondent Nos. 7 and 8 and in not conducting the investigation as per the procedure contemplated under the Bharatiya Nagarik Suraksha Sanhita, 2023 as illegal, arbitrary, violative of Articles 14, 19 and 21 of the Constitution of India and consequently direct the Respondent District Police Officer to forthwith register the FIR (Crime) and conduct investigation and file final report under the provisions of the Bharatiya Nagarik Suraksha Sanhita, 2023 (2) Directing the action of the respondents 5 and 6 in calling the Petitioners to the Police station and harassing and confining the petitioners in the Police Station hour together without registering any crime and repeatedly calling to the Police Station in the name of matrimonial counseling and thereby threatening to withdraw the Petitioners complaint dated 30-01-2025 as illegal, arbitrary and violative of Art. 14 and 21 of the Constitution of India and pass such Counsel for the Petitioner(S): 1. RAMBABU KOPPINEEDI Counsel for the Respondent(S): 1. GP FOR HOME 3 The Court made the following: ORDER: This Writ Petition under Article 226 of the Constitution of India, has been filed, by the Petitioners for the following relief: “ ... to issue an appropriate writ, order or direction, more particularly, one in the nature of Writ of MANDAMUS (1) Declaring the action of the Respondent Police in not registering the Complaint dated 30/01/2025 for the offences committed under provisions of the Bharatiya Nyaya Sanhita, 2023 by the Respondent Nos. 7 and 8 and in not conducting the investigation as per the procedure contemplated under the Bharatiya Nagarik Suraksha Sanhita, 2023 as illegal, arbitrary, violative of Articles 14, 19 and 21 of the Constitution of India and consequently direct the Respondent District Police Officer to forthwith register the FIR (Crime) and conduct investigation and file final report under the provisions of the Bharatiya Nagarik Suraksha Sanhita, 2023 (2) Directing the action of the respondents 5 and 6 in calling the Petitioners to the Police station and harassing and confining the petitioners in the Police Station hour together without registering any crime and repeatedly calling to the Police Station in the name of matrimonial counseling and thereby threatening to withdraw the Petitioners complaint dated 30-01-2025 as illegal, arbitrary and violative of Art. 14 and 21 of the Constitution of India and pass such ...” None represented for the Petitioners. Learned Assistant Government Pleader placed on record written instructions and petitioner No.1 and respondent No.7 are husband and wife respectively, there are matrimonial disputes between them, basing on the statement of respondent No.7, recorded by respondent No.6, a case in crime No.57 of 2025 is registered. Police did not receive any complaint from the Petitioner, and requested to dispose of the Writ Petition by passing appropriate orders. Accordingly, this Writ Petition is disposed of. No order as to costs. Pending applications, if any, shall stand closed. DR.JUSTICE VENKATA JYOTHIRMAI PRATAPA Mjl/* 04.12.2025 4 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA Writ Petition No. 4044 of 2025 04.12.2025 Mjl /*