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2025 DAILYLAW 47863 (AP)

GOLLAMANDALA CHITTIBABU v. THE STATE OF ANDHRA PRADESH

WP/11447/2025 · 2025-05-04

Harinath N

body2025

Judgment text

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■I V IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) MONDAY, THE FIFTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 11447 OF 2025 " Between: Gollamandala Chittibabu, S/o. Late Suiya Rao, Aged 48 years, D.No. 8-32, OccSarpanch, Sakhinetipalli Gram Panchayat, R/o. Sakhinetipalli Village, Sakhinetipalli Mandal, Dr. B.R. Ambedkar Konaseema District. ...PETITIONER AND The State of Andhra Pradesh, Represented by Its Principal Secretary, Home Department, Secretariat, Amaravati. The Director General of Police, Andhra Pradesh, Mangalagiri, Guntur District. The Superintendent of Police, Dr.B.R. Ambedkar Konaseema District. The Deputy Superintendent of Police, Amalapuram, Dr.B.R. Ambedkar Konaseema District. The Inspector of Police, Razole Circle Police Station, Prakasam District. The Sub-Inspector of Police, Sakhinetipalli Police Station, Sakhinetipalli, Dr.B.R. Ambedkar Konaseema District. Sri K.Srinivasa Rao, Sub-Inspector of Police, Sakhinetipalli Police Station, Sakhinetipalli, Dr.B.R. Ambedkar Konaseema District. Kusuma Chandra Sekhar, S/o. Sundara Rao, Aged 52 years, Occ: Agriculture, R/o. Sakhinetipalli Mandal, Dr.B.R. Ambedkar Konaseema District. 1. 2. 3. 4. 5. 6. 7. 8. 4 9. Katru Vinay @ Nani, S/o. Kurma Rao, aged 26 years, Occ: Business, R/o. Sakhinetipalli Village, Sakhinetipalli Mandal, Dr.B.R. Ambedkar Konaseema District. 10. Jangili Rajesh, S/o. Rajasekhar, aged 24 years, Occ: Business, R/o. Sakhinetipalli Village, Sakhinetipalli Mandal, Dr.B.R. Ambedkar Konaseema District. ...RESPONDENT 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 particularly, one in the nature of Writ of MANDAMUS (1) Declaring the action of the Respondent Police in not registering the Complaint dated 11/04/2025 for the offences committed under Sections 109,119BNS and Provisions of Arms Act, 1959 by the Respondent Nos.8 to 10 and in not following the procedure under the Bharatiya Nagarik Suraksha Sanhita, 2023 as illegal, arbitrary, violative of Articles 14, 19 and 21 of the Constitution of India, and in not investigation the crime by following the procedure under the Criminal Procedure Code, 1973 as illegal, arbitrary, violative of Articles 14, 19 and 21 of the Constitution of India and consequently direct the Respondent District Police Officer to forthwith register the FIR (Crime) and conduct investigation and file final report under Section 193 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (2) Directing the Third Respondent to initiate disciplinary action under the relevant service law against the Respondent No. 6 for delinquent of duties and in not following the guidelines laid down by the Hon’ble Supreme Court in the Judgment in Lalita Kumari Vs Government of Utter Pradesh (2014 (2)SCC1). more 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 Respondent to forthwith register the FIR (Crime) pleased to direct the 3rd and conduct investigation and file final report under Section 193 of the Bharatiya Nagarik Suraksha Sanhita, 2023 on the Complaint dated 11/04/2025 on lodged by the Complainant for the offences committed 109 119 BNS and Provisions of Arms Act, 1959 by the under Sections Respondent Nos. 8 to 10 & Others. Counsel for the Petitioner: SRI RAMBABU KOPPINEEDI Counsel for the Respondent Nos.1 to 6: GP FOR HOME Counsel for the Respondent Nos-7 to 10;— The Court made the following: ORDER 2 V THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 11447 OF 2025 ORDER; W Heard learned counsel for the petitioner and learned Assistant Government Pleader appearing for the Home. Learned counsel for the petitioner submits that the petitioner is aggrieved by the inaction of respondent No.6 in not considering the petitioner’s representation dated 11.04.2025. Learned Assistant Government Pleader appearing for the Home submits that the petitioner’s representation dated 11.04.2025 will be considered by the concerned respondent, as per law. Considering the facts and circumstances of the case, this Court is inclined to dispose off the Writ Petition, directing the concerned respondent to consider the petitioner’s representation dated 11.04.2025, in accordance with law and the procedure contemplated under Section 173(3) of the BNSS, 2023, preferably within period of eight (08) weeks from the date of receipt of a copy of this order. 2. 3. 4. 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 REGISTRA^^ //TRUE COPY// SE To, 1. The Principal Secretary, Home Department, State of Andhra Pradesh, Secretariat, Amaravati. 2. The Director General of Police, Andhra Pradesh District. 3. The Superintendent of Police, Dr.B.R. Ambedkar Konaseema District. 4. The Deputy Superintendent of Police, Amalapuram, Dr.B.R. Ambedkar Konaseema District. Mangalagiri, Guntur 1 5. The Inspector of Police, Razole Circle Police Station, Prakasam 6. The Sub-Inspector of Police, Sakhinetipalli Police Station, Dr.B.R. Ambedkar Konaseema District. 7. One CC to Sri Rambabu Koppineedi, Advocate [OPUC] 8. Two CCS to GP for Home, High Court of Andhra Pradesh. 9. Three CD Copies. District. Sakhinetipalli, [OUT] ssb t ■) HIGH COURT DATED:05/05/2025 ORDER WP.No.11447 of 2025 O .70 //■X 0 9 JUN o 1 DISPOSING OF THE W.P. WITHOUT COSTS