APHC010064872021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] MONDAY,THE TWENTY SECOND DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 3873/2021 Between: 1. POTHULA KRISHNA, S/O RAJA RAO, AGED 30 YEARS, UNEMPLOYEE, R/O H.NO. 3-18-168/1, NEAR DURGAMMA TEMPLE KOTHA KAKINADA, KAKINADA, EG DISTRICT ...PETITIONER AND 1. STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT AP SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT 2. THE SUPERINTENDENT OF POLICE, EAST GODAVARI DISTRICT, KAKINADA 3. THE DEPUTY SUPERINTENDENT OF POLICE, SC AND ST CELL-I, EG DISTRICT, KAKINADA 4. THE STATION HOUSE OFFICER, II TOWN L AND O PS KAKINADA, EG DISTRICT 5. KONADA APPANNA, S/O KONDA KOTHARI, AGED 36 YEARS, FISHING AND PAINTER R/O H.NO.3-18-150/3 KOTHA KAKINADA KAKINADA, EG DISTRICT 6. KONADA VEEERABABU, S/O S/O KONDA KOTHARI, AGED 37 YEARS, FISHING AND PAINTER R/O H.NO.3-18-150/3 KOTHA KAKINADA KAKINADA, EG DISTRICT 7. KONADA DURGARAO MARK, S/O CHINNA APPARAO, AGED 23 2 YEARS, FISHING AND PAINTER R/O H.NO.3-18-153 KOTHA KAKINADA KAKINADA, EG DISTRICT 8. CHODIPALLI YESEBU YESU, S/O NOT KNOWN AGED 30 YEARS, R/O NEAR DURGAMMA TEMPLE, KOTHA KAKINADA, KAKINADA, EG DISTRICT 9. YELLA SRINU, S/O NOT KNOWN, AGED 33 YEARS, R/O NEAR DURGAMMA TEMPLE, KOTHA KAKINADA, KAKINADA, EG 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 in the nature of writ of mandamus under Article 226 of the Constitution of India, declaring the action of the 3rd and 4th respondent in so far as it relates not registering FIR and further legal action against party respondents for committing cognizable offences under provisions of IPC as per the law laid dowr, by Honorable Supreme Court in case of Lallan Chaudhary v. State of Bihar reported in AIR 2006 SC 3376, including Ramesh Kumari v. State (NCT of Delhi) and Others reported in AIR 2006 SC 1322 is concerned, and not conducting proper enquiry As prescribed under The Scheduled Castes and Tribes (Prevention of Atrocities) Act, in pursuance of the petitioners complaint dated 29.07.2019 is concerned, as arbitrary, illegal, malafide and unconstitutional violating Article 14, 19 1 g and 21 of the Constitution of India, and issue consequential directions, directing the 2nd respondent to issue instructions to 3rd and 4th respondent to register FIR as per the law laid down by the Honorable Supreme Court in case of Lallan Chaudhary v. State of Bihar reported in AIR 2006 SC 3376, including Ramesh Kumari v. State (NCT of Delhi) and Others reported in AIR 2006 SC 1322, for committing cognizable offences in terms of IPC and further conduct enquiry taking into account the provisions laid down The Scheduled Castes and Tribes (Prevention of Atrocities) Act, in pursuance of petitioners complaint dated 29.07.2019 duly issuing security to the petitioner and his family from the party respondents is concerned, and to pass IA NO: 1 OF 2021 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 2nd respondent to issue suitable instructions to 3rd and 4th respondent to forthwith register FIR against the party respondents as per 3 the law laid down by the Honorable Supreme Court in case of Lallan Chaudhary v. State of Bihar reported in AIR 2006 SC 3376, including Ramesh Kumari v. State (NCT of Delhi) and Others reported in AIR 2006 SC 1322 in taking legal action for committing cognizable offences in terms of IPC r/w provisions under The Scheduled Castes and Tribes (Prevention of Atrocities) Act, in pursuance of the petitioner's complaint dated 29.07.2019 in conducting enquiry, pending disposal of the writ petition. Counsel for the Petitioner: 1. S V INDIRA Counsel for the Respondent(S): 1. GP FOR HOME The Court made the following: 4 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 in the nature of writ of mandamus under Article 226 of the Constitution of India, declaring the action of the 3rd and 4th respondent in so far as it relates not registering FIR and further legal action against party respondents for committing cognizable offences under provisions of IPC as per the law laid down by Honorable Supreme Court in case of Lallan Chaudhary v State of Bihar reported in AIR 2006 SC 3376, including Ramesh Kumari v. State (NCT of Delhi) and Others reported in AIR 2006 SC 1322 is concerned, and not conducting proper enquiry As prescribed under The Scheduled Castes and Tribes (Prevention of Atrocities) Act, in pursuance of the petitioner’s complaint dated 29.07.2019 is concerned, as arbitrary, illegal, malafide and unconstitutional violating Article 14, 19(1)(g) and 21 of the Constitution of India and issue consequential directions directing the 2nd respondent to issue instructions to 3rd and 4th respondent to register FIR as per the law laid down by the Honorable Supreme Court in case of Lallan Chaudhary v. State of Bihar reported in AIR 2006 SC 3376, including Ramesh Kumari v State NCT of Delhi and Others reported in AIR 2006 SC 1322 for committing cognizable offences in terms of IPC and further conduct enquiry taking into account the provisions laid down The Scheduled Castes and Tribes (Prevention of Atrocities) Act, in pursuance of petitioner’s complaint dated 29.07.2019 duly issuing security to the petitioner and his family from the party respondents is concerned…” 2. Heard Ms.S.V.Indira, learned counsel for the petitioner and Sri V.Farooq, learned Assistant Government Pleader for Home for the respondents. 3. Learned Assistant Government Pleader on written instructions would submit that basing on the contents of the complaint, a case was registered and subsequently, a charge sheet was also filed and the same was numbered as S.C.No.141 of 2019. 5 4. Learned counsel for the petitioner would submit that recording the same, the petition may be disposed of. 5. Recording the same, this writ petition is disposed of. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATAJYOTHIRMAI PRATAPA Date: 22.09.2025 JLV 6 543 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.3873 of 2021 Dated: 22.09.2025 JLV