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2025 DAILYLAW 47295 (AP)

PIDATHALA RAMA KRISHNA v. THE STATE OF ANDHRA PRADESH

WP/24304/2025 · 2025-09-11

Venkata Jyothirmai Pratapa

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 APHC010460732025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY,THE TWELFTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 24304 OF 2025 Between: 1. PIDATHALA RAMA KRISHNA, s/o P.Venkataiah, Age 45 Years, Occ Petty Business, R/o Yerragudi Village, Banaganapalli Mandal, Nandyald 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, Nandyala District 3. The Sub Divisional Police Officer, Dhone, Nandyala District 4. The Station House Officer, Banaganapalli Police Station, Nandyala District 5. Uppari Manohar, s/o Fathers Name not known to Petitioner, Aged36 years, Occ Driver, SBI, Banaganapalli Branch R/o Banaganapalli, Nandyala 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 pleased to issue a writ, order or direction more particularly one in nature of Writ of Mandamus, declaring the inaction on the part of Respondents 3 and 4 in registering the Crime in pursuance of Petitioners 2 Complaint dt.11.07.2025 lodged for taking appropriate legal action against Respondent No.5 for committing offences under Section 318 of the Bharatiya Nyaya Sanhita (BNS) and Section 3 (r) (s) of The Schedule Castes And Schedule Tribes (Prevention of Atrocities) Act 1988 as illegal and arbitrary, unconstitutional, voilative of rights of citizens envisaged under the articles of Constitution of India and consequently direct the Respondents 3 and 4 to register Crime in pursuance of Petitioners Complaint dt. 11.07.2025 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 pleased to direct the Respondent No.4 to register Crime in pursuance of Petitioner’s Complaint dt. 11.07.2025 for setting the law in motion for punishing Respondent No.5 in accordance with law and pass Counsel for the Petitioner: N CHANDRA SEKHAR REDDY Counsel for the Respondents: GP FOR HOME The Court made the following order: 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 24304 OF 2025 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: <…pleased to issue a writ, order or direction more particularly one in nature of Writ of Mandamus, declaring the inaction on the part of Respondents 3 and 4 in registering the Crime in pursuance of Petitioners Complaint dt.11.07.2025 lodged for taking appropriate legal action against Respondent No.5 for committing offences under Section 318 of the Bharatiya Nyaya Sanhita (BNS) and Section 3 (r) (s) of The Schedule Castes And Schedule Tribes (Prevention of Atrocities) Act 1988 as illegal and arbitrary, unconstitutional, voilative of rights of citizens envisaged under the articles of Constitution of India and consequently direct the Respondents 3 and 4 to register Crime in pursuance of Petitioners Complaint dt. 11.07.2025 for setting the law in motion for punishing Respondent No.5 in accordance with law and pass..= 02. Heard Sri N.Chandr Sekhar Reddy, learned Counsel for the petitioner and Sri V.Farooq, learned Assistant Government Pleader for Home for the respondents. 3. Learned counsel for the petitioner would submit that police are not taking any action against the complaint dated 11.07.2025 given by the petitioner. 4. Learned Assistant Government Pleader, on instructions, submits that enquiry was conducted, and it was found that the dispute between the parties is financial in nature and no incident of abuse as alleged took place. Hence, FIR was not registered. 5. Having regard to the submissions, this Court finds that the dispute is essentially civil in nature. Accordingly, this Writ Petition is disposed of, 4 granting liberty to the petitioner to avail remedies before the competent Court. There shall be no order as to costs. As a sequel thereto, pending miscellaneous petitions if any, shall stands closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 12.09.2025. KKV 5 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 24304 OF 2025 12.09.2025 KKV