APHC010508832025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY, THE TWENTY SIXTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 26360 OF 2025 Between: Seelam Raja Ratnam,, S/o Yehoshuva, Aged about 51 Penamaluru, Krishna District, Andhra Pradesh - 521139. years, R/o 11-21 ...Petitioner AND 1. State of Andhra Pradesh, Department of Home Affairs Velagapudi, Amaravati, rep. by its Principal Secretary. 2. Station House Officer, Penamaluru Police Station, Krishna District, Andhra Pradesh. 3. Commissioner of Police, Krishna District, Andhra Pradesh. 4. Commissioner of Police, Guwahati, Assam. 5. Mali Reddy Chakradhar, S/o M. Sattibabu, resident of D.No- 5-159 Mallam Village, Pithapuram Mandal, Kakinada District, Andhra Pradesh. Secretariat at ...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 an appropriate writ, order, or direction, more particularly a writ of Mandamus, Directing the Respondent No.2 - Station House Officer, Penamaluru Police Station, Krishna District, Andhra Pradesh, to forthwith register a First Information Report (FIR) on the basis of the Petitioners written .^complaint dated 13.09.2025 and the online complaint registered with ^'Acknowledgment No. 20209256039997 on the National Cybercrime Portal, di.aclosing cognizable offences of cheating, criminal intimidation, extortion, and cyber fraud. lA 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 to Direct the Respondent No. 2 not to delay or refuse the registration of the FIR and to take immediate steps to secure all digital and financial evidence relating to the Petitioner’s complaint, so as to prevent tampering or destruction of crucial material evidence. Counsel for the Petitioner: SRI V.RAVINDHAR Counsel for the Respondents: GP FOR HOME The Court made the following order: 1 APHC010508832025 HE® Si'fea IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY.THE TWENTY SIXTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT the honourable dr justice VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 26360 OF 2025 Between: 1 Seelam Raja Ratnam., S/o Yehoshuva Aged about 51 years, R/o 11-21 Penamaluru, Krishna District, Andhra Pradesh - 521139. ...Petitioner AND 1 State of Andhra Pradesh, Department of Home Affairs Secretariat at Veiagapudi, Amaravati, rep. by its Principal Secretary. 2 Station House Officer, Penamaluru Police Station Krishna District, Andhra Pradesh. 3 Commissioner of Police, Krishna District, Andhra Pradesh 4 Commissioner of Police, Guwahati, Assam. 5 Mali Reddy Chakradhar, S/o M. Sattibabu, resident of D.No- 5-159 Mallam pithapuram Mandal, Kakinada District, Andhra Pradesh. Village ...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 an appropriate writ, order, or direction, more particularly n writ of Mandamus, Directing the Respondent No.2 - Station 2 House Officer, Penamaluru Police to forthwith register Petitioners written station, Krishna District, Andhra Pradesh a First Information Report (FIR) on the basis of the and the online on the of cheating, complaint dated 13.09.2025 complaint National criminal registered with Acknowledgment Cybercrime Portal, No. 20209256039997 disclosing cognizable offences intimidation, extortion, and cyber fraud and to pas lA NO: 1 OF 20?.^ Petition under Section 151 CPC in the affidavit filed i praying that in the circumstances stated in support of the petition, the High Court pleased to Direct the Respondent may be pleased of the FIR .nd , . C ^ registration or the FIR and to take immediate steps to evidence relating to the Petitioner secure all digital and financial s complaint, so as to prevent tampering or destruction of crucial material evidence, pass Counsel for the Petitioner: Counsel for the Respondents: The Court made the following V.RAVINDHAR GP FOR HOME order: 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 26360 OF 202fi ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: .plessed to issue an appropriate writ, order, or direction, more - Station House particularly a writ of Mandamus, Directing the Respondent No. 2 Officer, Penamaturu Police Station, Krishna District, Andhra Pradesh, to forthwith register a First Information Report (FIR) on the basis of the Petitioners written complaint dated 13.09.2025 and the online Acknowledgment No. 20209256039997 on the disclosing cognizable offences of cheating, cyber fraud, and to pass..” complaint registered with National Cybercrime Portal, criminal intimidation, extortion, and 02. Heard Sri V.Ravindhar, learned counsel for the petitioner and Sri V.Farooq, learned Assistant Government Pleader for Home appearing for the respondents. 03. Learned counsel for the petitioner would submit that the the petitioner relates to financial transactions grievance of involving an amount of ?3,74,03,554/-. It is further submitted that though a detailed written complaint was lodged with the 2"" respondent on 13.09.2025 and an online complaint was also registered in the National Cybercrime Portal no action has been police are acting under the influence of unofficial respondent No,5. who is alleged to be involved in taken till date. Learned counsel would contend that the the offence. 04. On the other hand, learned Assistant Government Pleader for the basis of written instructions, would submit that the Home, on petitioner has sent a % complaint through registered post on 16.09.2025 to the 2 nd respondent. Pursuant thereto, both parties were called for a preliminary enquiry, during which it was found that the dispute relates to financial dealings between the petitioner and one unofficial respondent, namely, Sri Mali Reddy Chakradhar. It is submitted that as the dispute is essentially civil in nature, the police refrained from registering a crime, since the subject matter does not disclose cognizable offences but is confined to civil transactions. 5. Learned counsel for the petitioner, however, would dispute the contention and assert that the police, acting hand in glove with unofficial respondent No.5, are deliberately refusing to register the case despite the disclosure of cognizable offences. It is argued that in view of the settled position of law, registration of FIR is mandatory when cognizable offences disclosed, and the police have no discretion in this regard. said are The Hon’ble Supreme Court in Lalita Kumari v. Government of Uttar Pradesh [(2014) 2 SCC 1]. has categorically held that registration of FIR mandatory under Section 154 of Cr.P.C. if the information discloses commission of a cognizable offence, and no preliminary enquiry is permissible except in certain categories of cases, such as matrimonial disputes, commercial offences, medical negligence, corruption cases etc. Even in such cases, the preliminary enquiry is to be conducted within a limited time-frame. 6. IS 7. In the present case, the allegation of the petitioner is that cognizable offences of cheating, criminal intimidation, extortion and cyber fraud have 5 been disclosed in the complaint. The stand of the respondents is that the dispute arises out of financial transactions between the petitioner and unofficial respondent No.5, which is of civil nature. Whether the transaction constitutes a civil dispute simpliciter or gives rise to ingredients of cognizable offences is a matter to be determined in accordance with law. Having regard to the legal position laid down by the Hon’ble Supreme Court and the facts of the case, this Court is of the view that it would not be proper, in exercise of writ jurisdiction, to issue a direction to register a crime against respondent No.5. 8. 9. Accordingly, the writ petition is disposed of. However, petitioner is at liberty to work out his remedies before the appropriate forum in accordance with law. No order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand Sd/-T. SRINIVASA RAO assistant registrar closed. //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary. State of Andhra Pradesh, Department of Home Affairs Secretariat at Velagapudi, Amaravati, Guntur District. 2. The Station House Officer, Penamaluru Police Station Krishna District, Andhra Pradesh. 3. The Commissioner of Police, Krishna District, Andhra Pradesh 4. The Commissioner of Police, Guwahati, Assam. 5. One CC to Sri V.Ravindhar, Advocate [OPUC] 6. Two CCs to GP for Home, High Court of Andhra Pradesh [OUT] 7. Two CD Copies V HIGH COURT DATED:26/09/2025 ORDER WP.NO. 26360 OF 2025 1 n nCT 2(l?5 X m o^ . Current section DISPOSING OF THE WP WITHOUT COSTS