APHC010669122025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] MONDAY, THE TWENTY SECOND DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 34661/2025 Between: 1. NEERUKONDA GOPALA RAO, S/O.N.SAMBASIVARAO, AGED 48 YEARS,R/O,H.NO-3-2-15, RAJULA VARI STREET, RAMARAJYA NAGAR, VIDYADHARAPURAM, VIJAYAWADA(URBAN), N.T.R DISTRICT ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY HOME DEPARTMENT, SECRETARIAT BUILDINGS AT VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE DIRECTOR GENERAL OF POLICE, STATE OF ANDHRA PRADESH, A.P. POLICE HEADQUARTERS AT MANGALAGIRI, GUNTUR DISTRICT. 3. THE COMMISSIONER OF POLICE, N.T.R DISTRICT COMMISSIONERATE, VIJAYAWADA, N.T.R. DISTRICT, A.P. 4. THE ADDL DEPUTY COMMISSIONEROF POLICE, L AND O, WEST ZONE, N.T.R COMMISSIONERATE, VIJAYAWADA, N.T.R. DISTRICT, A.P. 5. THE ASST COMMISSIONER OF POLICE, VIJAYAWADA WEST, N.T.R COMMISSIONERATE, VIJAYAWADA, N.T.R. DISTRICT, A.P. 6. THE STATION HOUSE OFFICER, II POLICE STATION, K.T ROAD, VIJAYAWADA, N.T.R. DISTRICT, A.P. 7. MOTHI MASJID AND SHAADI KHANA COMMITTEE, REP. BY ITS PRESIDENT, CHITTINAGAR, VIJAYAWADA. 8. P RASHEED KHAN, S/O. MASTAN VALI(LATE), AGED ABOUT 44 YEARS, R/O.D.NO.27-1/2, GANESH STREET, GOWTHAM SCHOOL ROAD KABELA CENTER, RR NAGAR, VIJAYAWADA, N.T.R. DISTRICT, A.P. 9. SHAIK MAHBOOB SUBHANI, S/O.SHAIK SHAREEF, AGED ABOUT 41 YEARS, R/O.D.NO.4-2/4-61, EIDGAHMOHALLA, CHITTINAGAR, VIJAYAWADA. 10. SYED MUBEEN, S/O. MEERA MOHIDDIN @NANNE (LATE) AGED ABOUT 42 YEARS, R/O.D.NO. BHAVANIPURAM, VIJAYAWADA. 11. PATHAN AKBAR KHAN, S/O.SATTAR KHAN(LATE), AGED ABOUT 66 YEARS, R/O.D.NO.4-3/1-44, KATIKALA MASTAN STREET, CHITTINAGAR,VIJAYAWADA. 12. SHAIK MAHABOOB, S/O.NOT KNOWN. AGED ABOUT 57 YEARS, 2 MALPURI BUSINESS, SHOP NO.6, MOTHI MASJID AND SHAADI KHANA CHITTINAGAR, VIJAYAWADA. ...RESPONDENT(S): Counsel for the Petitioner: 1. SK MEHABOOB NADEEM FAYAZ Counsel for the Respondent(S): 1. GP FOR HOME The Court made the following: ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “.... to issue a writ or order or direction more particularly one in the nature of writ mandamus declaring the high-handed action of the Respondent No.6 in not registering the FIR on petitioner's complaint Dt.03-12-2025 pursuant to the Injunction order granted in I.A.No.1826/2025 in O.S.No.1881/2025 pending before the Hon'bie III Addl. Civil Judge (Junior Division) Court, Vijayawada and interfering the peaceful possession and its premises of the petitioners over the subject shop No.8 as highly illegal, arbitrary, unconstitutional, unjust and violative of Principles of Natural Justice and violative of Article 14, 19(1)(g), 21 and 300-A of the Constitution of India consequentially direct the Respondent No.3 to 5 to direct Respondent No.6 herein to Register FIR in pursuant to the petitioners Complaint Dt.03-12-2025 against the Respondent No.7 to 12 and restraining the respondent No.7 to 12 and their men interfering peaceful possession of the petitioner and its premises pending the suit O.S.No.1881/2025 before the Hon'ble ill Addl. Civil Judge (Junior Division) Court, Vijayawada and to pass” 2. Heard Sri M.N.Fayaz Shaik, learned counsel for the petitioner and Sri Ajay Babu, learned Assistant Government Pleader for Home. 3. Learned Assistant Government Pleader for Home, on written instructions, would submit that based on the complaint given by the petitioner, police have registered a case in Crime No.494 of 2025 of II Town Police 3 Station, Vijayawada City for the offences punishable under Sections 329(2) and 351(3) read with 3(5) BNS. 4. Recording the submissions made by the learned Assistant Government Pleader for Home, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed. ________________________________________ Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA Date:22.12.2025 Asr 4 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.34661 of 2025 Dt.22.12.2025 Asr