APHC010543062024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY,THE FOURTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 29033/2024 Between: 1. KUNISETTI GOPALAKRISHNA, S/O LATE VENKATESWARULU, AGED 62 YEARS, OCC. BUSINESS R/O ETUKURU ROAD, BRINDAVAN APARTMENT, ORCHID SOUTH, G2 BLOCK, GUNTUR CITY, GUNTUR DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY PRINCIPAL SECRETARY TO GOVERNMENT, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI AMARAVATI, GUNTUR DISTRICT. 2. THE SUPERINTENDENT OF POLICE, GUNTUR, GUNTUR DISTRICT. 3. THE INSPECTOR OF POLICE, LALAPET POLICE STATION CIRCLE GUNTUR CITY, GUNTUR DISTRICT. 4. THE STATION HOUSE OFFICER, LALAPET POLICE STATION, GUNTUR CITY, GUNTUR DISTRICT. 5. SURYA DEVARA RAVINDRANATH, S/O SESHAIAH, AGED 64 YEARS, OCC. BUSINESS R/O. D NO. 3-28-18/46, 4TH LINE BRUNDAVAN GARDENS, GUNTUR CITY, GUNTUR DISTRICT. 6. PRAVEEN, S/O. NOT KNOWN, C/O. SURYA DEVARA RAVINDRANATH, OCC. CLERK, R/O. D NO. 3-28-18/46, 4TH LINE BRUNDAVAN GARDENS, GUNTUR CITY, GUNTUR 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 tomay be pleased to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of respondents, particularly 4th respondent (Station House Officer, Lalapet Police Station), in frequently interfering with the petitioners lawful possession and peaceful enjoyment of the leased premises, namely Apple Steel, Manufacturers, situated at Sangadigunta, Guntur City, Andhra Pradesh and non registration of FIR on his complaints dt. 03.02.2023 and 15.02.2023 submitted to 4th respondent, as illegal, irregular, irrational, and aniounts to non discharge of legal obligation conferred on 4th respondent under the provisions of BNSS Act, 2023 and offends articles 14 and 21 of Constitution of India and consequently direct the respondents, particularly 4th respondent to register FIR, conduct investigation and file Charge Sheet against the offenders for appropriate penal provisions of law, without interfering with his possession over the said property and pass IA NO: 1 OF 2024 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 may be pleased to direct the respondents particularly 4th respondent not to interfere in any manner with the petitioners possession and enjoyment over his leased premises namely Apple Steel, Manufacturers, situated at Sangadigunta, Guntur City, Andhra Pradesh and consequently direct the respondents to register FIR on his report dt. 03.02.2023 and 15.02.2023, pending disposal of the main Writ Petition and pass Counsel for the Petitioner: 1. KISHORE KUMAR KATARI Counsel for the Respondent(S): 1. GP FOR HOME THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 29033/2024 The Court made the following 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 action of respondents, particularly 4th respondent (Station House Officer, Lalapet Police Station), in frequently interfering with the petitioners lawful possession and peaceful enjoyment of the leased premises, namely “Apple Steel, Manufacturers”, situated at Sangadigunta, Guntur City, Andhra Pradesh and non registration of FIR on his complaints dt. 03.02.2023 and 15.02.2023 submitted to 4th respondent, as illegal, irregular, irrational, and amounts to non discharge of legal obligation conferred on 4th respondent under the provisions of BNSS Act, 2023 and offends articles 14 and 21 of Constitution of India and consequently direct the respondents, particularly 4th respondent to register FIR, conduct investigation and file Charge Sheet against the offenders for appropriate penal provisions of law, without interfering with his possession over the said property and pass such other order or orders…” 2. Heard learned counsel for the petitioner and Sri V. Farooq, learned Assistant Government Pleader for Home. 3. The learned Assistant Government Pleader for Home, on instructions, submits that, the respondent No.5 lodged a complaint before the respondent No.3 on 24.10.2024. Based on the contents of the contents of said complaint, a case was registered as Crime No.351/2024 under Sections 126, 324, 329 (3) BNS against the petitioner. Notice under Section 41(A) was served on the petitioner and the said case is pending under investigation. The learned Assistant Government Pleader would further submit that the respondent No.4 had not received any complaint from the petitioner stated to have been made on 03.02.2023 and 15.02.2023. 4. Learned counsel for the petitioner submits that this Court may pass appropriate orders. 5. Recording the above submissions, the writ petition is disposed of. The petitioner is at liberty to make a fresh representation/complaint to the police. However, the official respondents are directed to follow the due procedure in the crime which is registered against the petitioner. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 04.12.2025 Ksj