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2025 DAILYLAW 47111 (AP)

N.T. DASTHAGIRI v. THE STATE OF ANDHRA PRADESH

WP/11756/2025 · 2025-05-05

Harinath N

body2025

Judgment text

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I IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY, THE SIXTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 11756 OF 2025 Between: NT. Dasthagiri, S/o.Madaganna, Aged about 35 years, R/ o. H. No.1-161 Kaminahal Village, Halaharvi Mandal, Kurnool District. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep by its Principal Secretary, Home Department, Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The Superintendent of Police, Kurnool, Kurnool District. 3. The Station House Officer, Halaharvi Police Station, Halaharvi Mandal Kurnool District. 4. H.Suresh, S/o.Anand, Aged about 32 years, R/ o. Mallikarjunapalli Village, Halaharvi Mandal, Kurnool 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 issue a writ, order or direction more particularly one in the nature of writ of Mandamus to declare the action of the Respondent No.3 in not registering the FIR in pursuant to the complaint dated 15-04-2025 made by the Petitioner against the Respondent No.4 and others even in spite of the contents of the complaint clearly disclose the commission of the cognizable offences as arbitrary, illegal and contrary to section 173 of BNSS and consequently direct the Respondent No.3 to register the FIR in pursuant to the complaint dated 15-04-2025 made by the Petitioner against the Respondent No.4 and others forthwith and j accordance with law in the interest of justice. proceed with the investigation in lA NO: 1 OF 2()7R 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 direct the Respondent No.3 to register the FIR in pursuant to the complaint dated 15-04-2025 made by the Petitioner against the Respondent No.4 and others forthwith pending disposal of the Writ Petition in the interest of justice. Counsel for the Petitioner: SRI P. NAGENDRA REDDY Counsel for the Respondent Nos.1 to 3: GP FOR HOME Counsel for the Respondent No.4:— The Court made the following: ORDER APHC010228452025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) !• [3457] TUESDAY ,THE SIXTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 11756/2025 Between: N.t. Dasthagiri ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.P NAGENDRA REDDY Counsel for the Respondent(S): 1.GP FOR HOME The Court made the following: 2 THE HONOURABLE SRUUSTICE HARINATH. WRIT PETITION NO: 11756 OF 7{)7Fi N ORDER; Heard learned counsel for the Government Pleader appearing for the Home. petitioner and learned Assistant 2. Learned counsel for the petitioner submits that the by the inaction of respondent No.3 in representation dated 15.04.2025. Learned Assistant Government Pleader appearing for the Home submits that the petitioner’s representation dated 15.04.2025 will be concerned respondent, as per law. Considering the facts and circumstances of the case, this Court is inclined to dispose off the Writ Petition at the stage of admission itself, directing the concerned respondent to consider the petitioner’s representation dated 15.04.2025, in accordance with law and the procedure petitioner is aggrieved not considering the petitioner’s 3. considered by the 4. contemplated under Section 173(3) of the BNSS, 2023, preferably within period of four (04) weeks from the date of receipt of a copy of this order. 5. Accordingly, this Writ Petition is disposed off. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. Sd/- M SRINIVAS ASSISTANT REGISTRAR //TRUE COPY// section officer To, 1. The Principal Secretary, Home Department, State of Andhra Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The Superintendent of Police, Kurnool, Kurnool District. 3. The Station House Officer, Halaharvi Police Station, Halaharvi Mandal, Kurnool District. 4. One CC to Sri P. Nagendra Reddy, Advocate [OPUC] 5. Two CCS to GP for Home, High Court of Andhra Pradesh. 6. Three CD Copies. Pradesh [OUT] HIGH COURT DATED;06/05/2025 I 0 <1JUN m a ^ . Current Section ORDER WP.No.11756 of 2025 DISPOSING OF THE W.P. WITHOUT COSTS