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2025 DAILYLAW 49531 (AP)

Kondapali Arjunudu v. The State of Andhra Pradesh

WP/28283/2025 · 2025-10-15

Venkata Jyothirmai Pratapa

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010541612025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY,THE SIXTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 28283/2025 Between: 1. KONDAPALI ARJUNUDU, , AGE 45 YRS, S/O.BAPIRAJU, CASTE ST KONDADORA, K.GOPALAPURAM VILLAGE, GANDEPALLI MANDAL, KAKINADA DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP., BY ITS. PRINCIPAL SECRETARY HOME DEPARTMENT, SECRETARIAT BUILDING, AMARAVATHI,GUNTURDISTRICT. 2. SUPERINTENDENT OF POLICE, , KAKINADA DISTRICT, KAKINADA. 3. STATION HOUSE OFFICER, ANNAVARAM POLICE STATION, SANKHAVARAM MANDAL, KAKINADA DISTRICT. 4. KOTAKURI MADHUSRI, AGE 26YRS, W/O.LAKSHMI SRIKANTH, L.C.K.PURAM VILLAGE, DHARMAVARAM MANDAL, ANANTHAPURAM DISTRICT. 5. KESANI SURYANARAYANA, AGE 48YRS, S/O.POTHAYYA, L.C.K.PURAM VILLAGE, DHARMAVARAM MANDAL, ANANTHAPURAM DISTRICT. 6. KESANI LALITHA, , AGE 44YRS, W/O.SURYANARAYANA, L.C.K.PURAM VILLAGE, DHARMAVARAM MANDAL, ANANTHAPURAM DISTRICT. 7. KONGATI CHINNAMMA, , AGE 59YRS, W/O.ANJANEYULU, 2 L.C.K.PURAM VILLAGE, DHARMAVARAM MANDAL, ANANTHAPURAM DISTRICT 8. KESANI JEEVAN SAI, , AGE 24YRS, S/O. SURYANARAYANA, L.C.K.PURAM VILLAGE, DHARMAVARAM MANDAL, ANANTHAPURAM 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 appropriate writ, order, or direction, more particularly a writ of mandamus, declaring the inaction of the 3rd respondent Sub-Inspector of Police, Annavaram police station of Sankhavaram Mandal, Kakinada District in not registering the First Information Report (FIR) pursuant to the petitioners complaint dated 02.07.2024, as illegal, arbitrary, unjust, and a gross abuse of power. It is prayed that this Honble Court may be pleased to direct the 3rd respondent for the registration of an FIR 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 3rd respondent for registration of the FIR strictly adhere the Hon ble Supreme Court in Prithvi Raj Chauhan v. Union of India, (2020) 4 SCC 727, has upheld the validity of the 2018 amendment and confirmed that preliminary enquiry is not necessary for registration of cases under Section 18A of the SC/ST (Prevention of Atrocities) Act with regard to the registration of a First Information Report (FIR) basing on the complaint dated 02.07.2024 without preliminary enquiry. As per the said judgment Pending disposal of the main writ petition, it is further prayed that this Hon’ble Court may be pleased to pass such other and further orders as may be deemed just, fit, and proper in the facts and circumstances of the case Counsel for the Petitioner: 1. INAPURAPU SURYANARAYANA 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: 28283/2025 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: <…to issue an appropriate writ, order or direction more particularly a writ of mandamus declaring the inaction of the 3rd respondent Sub Inspector of Police, Annavaram police station of Sankhavaram Mandal, Kakinada District in not registering the First Information Report (FIR) pursuant to the petitioner’s complaint dated 02.07.2024 as illegal, arbitrary, unjust and a gross abuse of power It is prayed that this Hon’ble Court may be pleased to direct the 3rd respondent for the registration of an FIR…= 2. Heard Sri I.Suryanarayana, learned counsel for the petitioner and Sri V.Farook, learned Assistant Government Pleader for Home. 3. Learned counsel for the petitioner would submit that the Police have not registered the crime on the complaint made by the petitioner dated 02.07.2024. 4. Learned Assistant Government Pleader for Home, on written instructions, would submit that the petitioner himself has withdrawn his complaint on 22.07.2024 and consequently, the Police have not registered any crime basing on his complaint. 5. Recording the same, the Writ Petition is disposed of. No costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATAJYOTHIRMAI PRATAPA Date: 16.10.2025 JLV 4 216 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.28283 of 2025 Dated: 16.10.2025 JLV