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2025 DAILYLAW 44250 (AP)

Penta Santosh Kumar, v. The State of Andhra Pradesh,

WP/16634/2024 · 2025-04-27

Tarlada Rajasekhar Rao

body2025

Judgment text

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APHC010327812024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] MONDAY, THE TWENTY EIGHTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 16634/2024 Between: Penta Santosh Kumar ...PETITIONER AND The State of Andhra Pradesh and others ...RESPONDENT(S) Counsel for the Petitioner: 1. MATADA YUVASIVA SWAMY Counsel for the Respondent(S): 1. GP FOR HOME The Court made the following: 2 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO.16634 of 2024 ORDER: The writ petition is filed under Article 226 of the Constitution of India seeking the following relief: “…to issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declare that the action of the respondent Police in not registering the crime against the 6th respondent, which is illegal, irregular, arbitrary, unconstitutional, contra to the provisions of Criminal Procedure Code and in violation of Articles 14,16,19,21 and 25 of the Constitution of India, consequently direct the respondents to register the crime against the 6th respondent and pass such other order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case.” 2. The writ petitioner’s grievance is that despite the police have received the report but the police have not registered the crime against the 6th respondent. 3. The learned Assistant Government Pleader has furnished the copy of the FIR. As seen from the FIR, it transpires that FIR was registered as Crime No.126 of 2024 on the report of the petitioner for the offences punishable under Sections 196, 352 and 353 of B.N.S. 4. As the relief sought by the petitioner was granted by the respondents, nothing survives further in this writ petition. Accordingly, the Writ Petition is disposed of directing the respondents police either 3 to file charge sheet or final report in FIR after due investigation before the jurisdictional Court. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. ___________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date : 28.04.2025 SPP 4 THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO.16634 of 2024 Date : 28.04.2025 SPP