APHC010032672018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3368] THURSDAY, THE THIRTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI WRIT PETITION NO: 1472/2018 Between: 1. CHINNAMURTHY APPA RAO,, S/O.SRIRAMULU OCC.FARMER, AGED ABOUT 56 YEARS, R/O.CHINNAPALKALURU VILLAGE, GUNTUR RURAL, GUNTUR DISTRICT. ...PETITIONER AND 1. PRL SECY HOME DEPT, STATE OF ANDHRA PRADESH REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT , AMARAVATHI, GUNTUR. 2. THE DEPUTY SUPERINTEND OF POLICE, GUNTUR, GUNTUR DISTRICT. 3. THE STATION HOUSE OFFICER, NALLAPADU P.S, GUNTUR RURAL, GUNTUR DISTRICT. 4. SMT BOLEMERA MERI, S/O.SAMUEL, AGED ABOUT 38 YEARS, R/O.THOKAVARIPALEM VILLAGE, GUNTUR RURAL, GUNTUR DISTRICT. ...RESPONDENT(S): 2 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 a writ or direction more particularly one in the nature of a Writ of Mandamus declaring the action of the respondents in registering the case against the petitioner in FIR No.607 of 2017 on the file of the Nallapadu P.S., Guntur Dist. is highly, illegal, arbitrary and violative of Articles 14, 19, 19(1) (G) and 21 of constitution of India and restrained the respondents from proceeding further in pursuance of the case and pass IA NO: 1 OF 2018 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to Stay all further proceedings in pursuance of FIR No. 607 of 2017 on the file of the Nallapadu P.S, Guntur Urban, Guntur District pending disposal of the present writ petition and pass IA NO: 2 OF 2018 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to extend the interim order dated 05-02-2018 granted in I.A.No.1 of 2018 in W.P.No.1472 of 2018 and pass IA NO: 3 OF 2018 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the 3 petition, the High Court may be pleased to vacate the interim order dated 5.2.2018 in IA No.1 of 2018 in WP No. 1472 of 2018 in the interest of justice. IA NO: 4 OF 2018 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to extend the interim order dated 22-03-2018 granted in I.A.No.2 of 2018 in W.P.No.1472 of 2018 and pass IA NO: 5 OF 2018 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to receive the documents, viz., Discharge summary, outpatient slips (2 in number) in WP.No.1472 of 2018 in the interest of justice, and to pass IA NO: 6 OF 2018 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to vacate the interim orders dated 0.02.2018 in I.A. No I or 2018 in W.P. No. 1472 of 2018 and pass Counsel for the Petitioner: 1. JYOTHI ESWAR GOGINENI Counsel for the Respondent(S): 1. GP FOR HOME (AP) 2. NANDA KISHORE KONDURI 4 THE HONOURABLE SRI JUSTICE B.V.L.N. CHAKRAVARTHI WRIT PETITION NO: 1472 of 2018 The Court made the following Order: Heard Smt.Jyothieswar Gogineni, learned counsel for the petitioner, learned Additional Government Pleader representing the State and Sri Nanda Kishore Konduri, learned counsel for the unofficial respondent No.4. 2. This Court vide Interim Order dated 05.02.2018, stayed the proceedings in FIR No.607 of 2017 on the file of Nallapadu Police Station, Guntur Urban, Guntur District. Therefore, the police could not investigate in the truth of the allegations made in the report presented by the unofficial respondent No.4. 3. The contention of the petitioner is that the allegations made in the report relate to civil dispute and the Police cannot investigate into the same. 4. The question whether the present dispute pertains to civil dispute involves certain factual questions, which cannot be decided Article 226 of the Constitution of India. The truth or otherwise of the allegations will be decided, if police are permitted to investigate into the allegations. The investigation of the police could not cause any prejudice to either of the parties. The 5 apprehension of the petitioner is that the police under the guise of the investigation may harass the petitioner. The alleged offence in the case is punishable under Sections 324, 354 & 506 IPC and Section 3(1)(r) of the Scheduled Castes & the Scheduled Tribes (Prevention of Atrocities) Act, 1989 which are punishable with less than seven (07) years of imprisonment only. This Court in the case of Konidhana Ananda Sharma Vs State of Andhra Pradesh rep by its Public Prosecutor1, holds that section 41-A of Code of Criminal Procedure 1973, which is equivalent to Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita 2023, is applicable to the offence U/s.3(1)(x) of the SC’s & ST’s (POA) Act, 1989 also. 5. In that view of the matter, this Court is of the considered opinion that the Writ Petition can be disposed of at the stage of admission without going into the merits of the case, directing the Police not to take any coercive steps against the petitioner, except under due process of law and also to follow Judgment of the Hon’ble Apex Court in the case of Arnesh Kumar Vs. State of Bihar2 during the course of investigation, scrupulously. 1 2017 LawSuit(Hyd) 305 2 2017 (8) SCC 273 6 6. Accordingly, this Writ Petition is disposed of. No order as to costs. Interlocutory applications, if any, pending shall stand closed. ______________________________ JUSTICE B.V.L.N. CHAKRAVARTHI Dated: 31.07.2025 PSA 7 THE HONOURABLE SRI JUSTICE B.V.L.N. CHAKRAVARTHI WRIT PETITION NO: 1472 of 2018 Date: 31.07.2025 PSA