APHC010037202025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] FRIDAY,THE EIGHTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 2065/2025 Between: 1. MATSARASA NAGARATNAM, W/O VENKATARAMANA MURTHY, AGED 62 YEARS, R/O D.NO. 60, RAMALAYA STREET, G. MADUGULA MANDAL, ALLURI SITHARAMA RAJU DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRIPCIPAL SECRETARY, HOME DEPARTRRI'ENT, AP SECRETARIAT, VELGAPUDI, AMARAVATHI, GUNTUR DISTRICT, ANDHRA PRADESH. 2. THE DIRECTOR GENERAL OF POLICE, A.P. POLICE HEAD QUARTERS, MANGALAGIRI, GUNTUR DISTRICT. 3. THE SUPERINTENDENT OF POLICE, ALLURI SITHARAMA RAJU DISTRICT. 4. THE ADDITIONAL SUPERINTENDENT OF POLICE ADMIN, ALLURI SITHARAMA RAJU DISTRICT. 5. THE STATION HOUSE OFFICER, G. MADUGULA POLICE STATION, ALLURI SITHARAMA RAJU 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 an order, direction or Writ more particularly one in the nature of Writ of Mandamus or any other appropriate Writ, declaring the 2 action of the respondent no. Sin non-registering the FIR basing on the complaint dt. 10.12.2024 made by the petitioner same is illegal, arbitrary, in violation of Article 21 and 3 00A of the Constitution of India and contrary to the provisions of Criminal Procedure Code, 1973and consequently) direct the respondent no. 5 to register the FIR basing on the complaint dt. 10.12.2024given by the petitioner and b) direct the respondents no. 2 to 4 to take disciplinary action against the respondent no. 5 for not acting upon the complaint dt. 10.12.2024 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 respondents no. 2 to 4 to take disciplinary action against the respondent no. 5 for not acting upon the complaint dt. 10.12.2024 given by the petitioner. pending disposal of the writ petition and pass Counsel for the Petitioner: 1. DASARI RAMAKOTESWAR RAO Counsel for the Respondent(S): 1. GP FOR HOME The Court made the following: 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 2065/2025 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “……to issue an order, direction or writ more particularly one in the nature of Writ of Mandamus or any other appropriate Writ declaring the action of the respondent No.5 in non-registering the FIR basing on the complaint dt. 10.12.2024 made by the petitioner same is illegal, arbitrary, in violation of Articles 21 and 300-A of the Constitution of India and contrary to the provisions of Criminal Procedure Code, 1973 and consequently a) direct the respondent No.5 to register the FIR basing on the complaint dt. 10.12.2024 given by the petitioner and b) direct the respondents Nos.2 to 4 to take disciplinary action against the respondent No.5 for not acting upon the complaint dt. 10.12.2024 and to pass ….” 2. Heard the learned counsel for the petitioner and learned Assistant Government Pleader for Home. 3. Learned Assistant Government Pleader for Home would submit that Police have not registered the crime basing on the complaint of the petitioner, since it is a matter of civil in nature. 4. Learned counsel for the petitioner would submit that recording the same, petition may be disposed of giving liberty to the petitioner to recourse his action according to law. 5. Considering the submissions, the Writ Petition is disposed of. However, the petitioner is at liberty to work out his remedies according to law before any appropriate forum. No order as to costs. 4 As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 18.07.2025 SCS 5 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 2065/2025 Dated.18.07.2025 SCS 241