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2025 DAILYLAW 42866 (AP)

BANDI JAYARAMULU v. CHOLAMANDALAM MS GENERAL INSURANCE COMPANY LTD

WP/29865/2025 · 2025-11-17

Venkata Jyothirmai Pratapa

body2025

Judgment text

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APHC010575072025 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: 29865 OF 2025 Between: 1. BANDI JAYARAMULU, S/o. Bandi Narasimhulu (Late), Aged about 40 years, Occ- Transport Business, R/o. Chiyyedu village, Ananthapuram Rural, Ananthapuram District, Andhra Pradesh 2. U Sreekanth, S/o. Uppara Venkatesulu, Aged about 32 years, Occ- Driver, R/o. 3-141, Ananthapuram, Bramhasamudram Somandepalli, Ananthapur ...Petitioners AND 1. CHOLAMANDALAM MS GENERAL INSURANCE COMPANY LTD, Rep. by its Branch Manager, R/o. H. No. 40-1-48/1,2th Floor, 0pp. Airtel Office, Labbipet, M.G. Road, Vijayawada 2. M/s Cholamandalam MS General Insurance Company Ltd, Rep. by its Branch Manager, R/o.4-301-10, MRB Trade Center, Ground floor, Bangar pet. Railway Station Road, Kurnool District 3. The Station House Officer, Somandepalli Police Station, Somandepalli,Ananthapurm Rep. by Public Prosecutor, High Court of Andhra Pradesh, Nelapadu, Amaravati, Andhra Pradesh. Cause Title is amended as per the Court's Order dt.11.11.2025 in I.A.No.02 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 a writ, order or direction more particularly one in the nature of Writ of Mandamus declaringthe impugned proceedings dated 12-09-2025 of the 1st respondent herein, closing claim No. 3379476694 as No Claim and the action of the 3rd respondent in not registering the FIR on the complaint dated 11-07-2025 of the petitioners as illegal, arbitrary, mala- fide, unjust and contrary to the guidelines of the IRDA, apart from violative of Articles 21 and 19(1)(g) and 300- A of the Constitution of India and consequently direct the respondent No.3, forthwith to register the FIR on the complaint dated 11-07-2025 of the petitioners and also direct the respondent No. 1 and 2, to process the claim No. 3379476694 for the accident occurred to the vehicle bearing No. AP-02-TA- 5425 on 11-07-2025 without insisting the FIRforthwith and pass Counsel for the Petitioners: KESAVI KUMARI NEMALA Counsel for the Respondents: GP FOR HOME Counsel for the Respondents: 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 a writ, order or direction more particularly one in the nature of Writ of Mandamus declaringthe impugned proceedings dated 12-09-2025 of the 1st respondent herein, closing claim No. 3379476694 as No Claim and the action of the 3rd respondent in not registering the FIR on the complaint dated 11-07-2025 of the petitioners as illegal, arbitrary, mala-fide, unjust and contrary to the guidelines of the IRDA, apart from violative of Articles 21 and 19(1)(g) and 300- A of the Constitution of India and consequently direct the respondent No.3, forthwith to register the FIR on the complaint dated 11-07-2025 of the petitioners and also direct the respondent No. 1 and 2, to process the claim No. 3379476694 for the accident occurred to the vehicle bearing No. AP-02-TA-5425 on 11-07-2025 without insisting the FIR forthwith..” 2. Heard Smt.Kesavi Kumari Nemala, learned counsel for petitioners and Sri V.Farook, learned Assistant Government Pleader for Home for respondents. 3. Learned counsel for petitioners would submit police are not registering the FIR based on the complaint dated 11.07.2025. 4. As against that, learned Assistant Government Pleader for Home for respondents would submit that petitioners did not turn up to furnish relevant documents which are necessary for registration of the FIR. 5. Considering the submissions, the writ petition is disposed of. However, petitioners are at liberty to furnish relevant documents which are necessary for registration of the FIR to the investigating officer. It is represented that petitioners will approach the police on 24.11.2025 at 10.00 am. On such arrival, the police are directed to look into the grievance of the petitioners by receiving the documents and act according to law. As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed. ________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 18.11.2025 Dvs THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA 51 WRIT PETITION NO: 29865 OF 2025 Date: 18.11.2025 Dvs