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2025 DAILYLAW 45607 (AP)

KARRA KANTHA RAO v. THE STATE OF AP

WP/26287/2025 · 2025-09-25

Venkata Jyothirmai Pratapa

body2025

Judgment text

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APHC010504112025 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) FRIDAY,THE TWENTY SIXTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 26287 OF 2025 Between: 1. KARRA KANTHA RAO, S/o Late Bhaskara Rao, aged 48 years, Police Constable, Santhinagar, Tiruvuru village, Tiruvuru Mandal, N.T.R District. Andhra Pradesh. 1. THE STATE OF AP, rep.by its Principal Se Secretariat Buildings Velagapudi,Thulluru Mandal, Guntur District, Andhra Pradesh. 2. The Superintendent of Police, N.T.R District, Vijayawada, Andhra Pradesh. 3. The Station House Officer, Tiruvuru Police Station, Tiruvuru Andhra Pradesh. 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 pleased to pass an order or orders more p nature of writ of mandamus, declaring the action of the Respondent No.3 for not registering the F.I.R against the concerned accused, on receiving Medico Legal Case (M.L.C) intimation from the Medical Officer, Government Area 1 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY,THE TWENTY SIXTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA PETITION NO: 26287 OF 2025 1. KARRA KANTHA RAO, S/o Late Bhaskara Rao, aged 48 years, Police Constable, Santhinagar, Tiruvuru village, Tiruvuru Mandal, N.T.R District. ...Petitioner AND 1. THE STATE OF AP, rep.by its Principal Secretary, Department of Home, Secretariat Buildings Velagapudi,Thulluru Mandal, Guntur District, Andhra 2. The Superintendent of Police, N.T.R District, Vijayawada, Andhra Pradesh. 3. The Station House Officer, Tiruvuru Police Station, Tiruvuru, N.T.R District, ...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 to pass an order or orders more particularly one in the nature of writ of mandamus, declaring the action of the Respondent No.3 for not registering the F.I.R against the concerned accused, on receiving Medico Legal Case (M.L.C) intimation from the Medical Officer, Government Area IN THE HIGH COURT OF ANDHRA PRADESH FRIDAY,THE TWENTY SIXTH DAY OF SEPTEMBER THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA 1. KARRA KANTHA RAO, S/o Late Bhaskara Rao, aged 48 years, Police Constable, Santhinagar, Tiruvuru village, Tiruvuru Mandal, N.T.R District. ...Petitioner cretary, Department of Home, Secretariat Buildings Velagapudi,Thulluru Mandal, Guntur District, Andhra 2. The Superintendent of Police, N.T.R District, Vijayawada, Andhra Pradesh. , N.T.R District, ...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 articularly one in the nature of writ of mandamus, declaring the action of the Respondent No.3 for not registering the F.I.R against the concerned accused, on receiving Medico Legal Case (M.L.C) intimation from the Medical Officer, Government Area 2 Hospital iruvuru, N.T.R District, for being illegal, arbitrary, contra to Sec.173 of the BNSS, 2023, Articles 14 and 21 of the Constitution of India and consequently direct the Respondent Nos. 2 and 3 to register the crime against the concerned accused basing on the M.L.C intimation, dated 28-07- 2025 received from the the Medical Officer, Government Area Hospital, Tiruvuru, N.T.R District and to 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 pleased to direct the Respondent Nos. 2 and 3 to register the crime against the concerned accused basing on the M.L.C intimation, dated 28-07-2025 received from the Medical Officer, Government Area Hospital, Tiruvuru, N.T.R District pending disposal of the above writ petition and to pass Counsel for the Petitioner: YADAVALLI RAMESH Counsel for the Respondents: GP FOR HOME The Court made the following order: 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 26287 OF 2025 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “….pleased to pass an order or orders more particularly one in the nature of writ of mandamus, declaring the action of the Respondent No.3 for not registering the F.I.R against the concerned accused, on receiving Medico Legal Case (M.L.C) intimation from the Medical Officer, Government Area Hospital iruvuru, N.T.R District, for being illegal, arbitrary, contra to Sec.173 of the BNSS, 2023, Articles 14 and 21 of the Constitution of India and consequently direct the Respondent Nos. 2 and 3 to register the crime against the concerned accused basing on the M.L.C intimation, dated 28-07-2025 received from the the Medical Officer, Government Area Hospital, Tiruvuru, N.T.R District and to pass…” 2. Heard Sri Yadavalli Ramesh, learned counsel for the petitioner, and Sri V. Farooq, learned Assistant Government Pleader for Home, appearing for the respondents. 3. When the matter is taken up for hearing, the learned Assistant Government Pleader for Home, on instructions, submitted that the complaint of the petitioner has been received by the jurisdictional police, and the same is under process. It is further submitted that the authorities are conducting a preliminary enquiry, and based on the outcome of such enquiry, necessary steps including registration of FIR would be taken in accordance with law. 4. Accordingly, this Writ Petition is disposed of, directing the 3rd respondent–Station House Officer, Tiruvuru Police Station, to consider the M.L.C. intimation dated 28.07.2025 along with the complaint of the petitioner and take a decision in accordance with law. If the intimation discloses the 4 commission of a cognizable offence, the concerned respondent shall register the FIR forthwith and proceed with the investigation. The entire process shall be completed as expeditiously as possible. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATAJYOTHIRMAI PRATAPA Date: 26.09.2025 KKV 5 HON’BLE DR. JUSTICE VENKATAJYOTHIRMAI PRATAPA W.P.No.26287 of 2025 Date:26.09.2025 KKV