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2025 DAILYLAW 45453 (AP)

Pidathala Venkata Swamy v. The State of Andhra Pradesh

WP/27966/2025 · 2025-10-15

Venkata Jyothirmai Pratapa

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010539652025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY,THE SIXTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 27966/2025 Between: 1. PIDATHALA VENKATA SWAMY, S/O P.VENKATAIAH, AGE 40 YEARS, OCC DAILY WAGER, R/O87-1101-T-35-T, KUMOOL TOWN, KUMOOL DISTRICT ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF HOME, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT 2. THE SUPERINTENDENT OF POLICE, KUMOOL DISTRICT 3. THE SUB DIVISIONAL POLICE OFFICER, KUMOOL, KUMOOL DISTRICT 4. THE STATION HOUSE OFFICER, III TOWN POLICE STATION, KURNOOL, KURNOOL DISTRICT 5. NOOR KHAN, S/O FATHER S NAME NOT KNOWN TO PETITIONER, AGE 43 YEARS, OCC REAL ESTATE BUSINESS, R/O 97-1170, KUMOOL TOWN, KUMOOL 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 topleased to issue a Writ, order or direction more particularly one in nature of Writ of Mandamus, declaring the inaction on the part of 2 Respondents 2 to 4 in registering the Crime in pursuance of Complaint dt.20.02.2025 lodged by the Petitioner for taking appropriate legal action against Respondent no.5 for committing offences under Section 3 (g) (s) of The Schedule Castes And Schedule Tribes (Prevention of Atrocities) Act 1988 as illegal and arbitrary, unconstitutional, violative of rights of citizens envisaged under the articles of Constitution of India and consequently direct the Respondents 2 to 4 to register Crime in pursuance of Petitioners Complaint dt.20.02.2025 for setting the law in motion for punishing Respondent No.5 in accordance with law and pass IA NO: 1 OF 2025 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 eased to direct the Respondent No.2 to register Crime in pursuance of Petitioner’s Complaint dt.20.02.2025 for setting the law in motion for punishing Respondent No.5 in accordance with law and pass Counsel for the Petitioner: 1. N CHANDRA SEKHAR REDDY Counsel for the Respondent(S): 1. GP FOR HOME The Court made the following: 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 27966/2025 ORDER: 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 nature of Writ of Mandamus, declaring the inaction on the part of Respondents 2 to 4 in registering the Crime in pursuance of Complaint dt.20.02.2025 lodged by the Petitioner for taking appropriate legal action against Respondent no.5 for committing offences under Section 3(g)(s) of The Schedule Castes And Schedule Tribes (Prevention of Atrocities) Act 1988 as illegal and arbitrary, unconstitutional, violative of rights of citizens envisaged under the articles of Constitution of India and consequently direct the Respondents 2 to 4 to register Crime in pursuance of Petitioners Complaint dt.20.02.2025 for setting the law in motion for punishing Respondent No.5 in accordance with law…= 2. Heard Sri N.Chandra Sekhar Reddy, learned counsel for the petitioner and Sri V.Farook, learned Assistant Government Pleader for Home. 3. Learned counsel for the petitioner would submit that the Police have not registered the crime on the complaint made by the petitioner dated 20.02.2025. 4. Learned Assistant Government Pleader for Home, on written instructions, would submit that a crime has been registered against the petitioner vide Crime No.50 of 2025 for the offences under Sections 329(3), 126(2), 324(4), 79, 351(2) of BNS. Only to overcome the said case, the 4 petitioner made a false complaint. In that view, the Police have not registered any crime on the complaint made by the petitioner. 5. Recording the same, the Writ Petition is disposed of. However, the petitioner is at liberty to work out his remedy before appropriate forum according to law. No costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATAJYOTHIRMAI PRATAPA Date: 16.10.2025 JLV 5 181 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.27966 of 2025 Dated: 16.10.2025 JLV