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2025 DAILYLAW 47433 (AP)

I.V.NARASIMHA RAO v. THE STATE OF ANDHRA PRADESH

WP/24323/2025 · 2025-09-11

Venkata Jyothirmai Pratapa

body2025

Judgment text

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1 APHC010467992025 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: 24323 OF 2025 Between: 1. I.V.NARASIMHA RAO, S/o. (Late) Sree Ramulu, Aged- 70 years, Occ- Retired Government Employee, R/o B-Block, Ground Floor, Narra Residency, Beside Post Office, Old Gannavaram, Gannavaram, Krishna District - 521101. ...Petitioner AND 1. THE STATE OF ANDHRA PRADESH, rep. by its Principal Secretary, Home Department, A.P. Secretariat, Velagapudi, Amaravati, Guntur District - 522237. 2. The Superintendent of Police, Bapatia District Police Office, Bapatia, Andhra Pradesh - 522101. 3. The Deputy Superintendent of Police, Bapatia Sub-Division, Bapatia, Andhra Pradesh - 522101. 4. The Station House Officer, Bapatia Town Police Station, Bapatia, Andhra Pradesh - 522101. 5. The Station House Officer, Bapatia Rural Police Station, Bapatia, Andhra Pradesh - 522101. 2 ...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 the nature of Writ of Mandamus declaring the inaction of the respondents in not registering an FIR based on petitioner's complaint dated 17-06-2025 as being illegal. arbitrary, violative of Articles 14 and 21 of the Constitution of India and violation of provisions of BNSS and consequently direct the respondents to register a crime and investigate the offences disclosed in petitioner's complaint dated 17-06-2025, forthwith, 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 Counsel for the Petitioner: C B ADARSH KUMAR 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 the nature of Writ of Mandamus declaring the inaction of the respondents in not registering an FIR based on petitioner's complaint dated 17-06-2025 as being illegal. arbitrary, violative of Articles 14 and 21 of the Constitution of India and violation of provisions of BNSS and consequently direct the respondents to register a crime and investigate the offences disclosed in petitioner's complaint dated 17-06-2025, forthwith, and to pass...” 02. Heard Sri C.B.Adarsh Kumar, 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 17.06.2025 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 civil in nature and already they filed a civil suit vide O.S.No.142/2018 on the file of learned Senior Civil Judge, Bapatla. 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 5 539 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 24323 OF 2025 12.09.2025 KKV