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2025 DAILYLAW 52338 (AP)

NIMMANA JYOTHI v. THE STATE OF AP

WP/29655/2023 · 2025-11-21

Venkata Jyothirmai Pratapa

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Judgment text

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APHC010571672023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] SATURDAY, THE TWENTY SECOND DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 29655/2023 Between: NIMMANA JYOTHI, W/ O. LATE NIMMANA SRINIVAS MURTHY, AGED 50 YEARS OCC. PRIVATE JOB, R/O. H NO. 18-13-12/1, PLEEDERS THOTA, SAMALAKOTA, KAKINADA DISTRICT ...PETITIONER AND 1. THE STATE OF AP, REP BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT SECRETARIAT, VELAGAPUDI, AMARAVATHI 2. THE SUPERINTENDENT OF POLICE, KAKINADA DISTRICT AT KAKINADA 3. THE DEPUTY SUPERINTENDENT OF POLICE, KAKINADA, KAKINADA DISTRICT 4. THE STATION HOUSE OFFICER, SAMARLAKOTA POLICE STATION,SAMARLAKONTA KAKINADA DISTRICT 5. THIRUMALA SIVA SAI RAM, S/ O. SATYANARAYANA, AGED MAJOR, 6. NAMANA RAMBABU, S/ O. NOT KNOWN TO THE PETITIONER, AGED MAJOR 7. VILLA VENKATA LAXMI, W/O. NOT KNOWN TO THE PETITIONER, AGED MAJOR 8. THIRUMALA PAVANI, W/O. SIVA SAI RAM, AGED MAJOR RESPONDENTS 4 TO 8 ARE R/ O. LAYER BHADRA RAO STREET GANAPATHI NAGARAM, SAMARLAKOTA, KAKINADA DISTRICT ...RESPONDENT(S): Counsel for the Petitioner: 1. D BALA SRINIVASA RAO Counsel for the Respondent(S): 1. GP FOR HOME The Court made the following: 2 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “.... a Writ of Mandamus declaring the action of the respondents police in not registering the FIR basing on the complaint of the petitioner dated 7.10.2023 and 28.10.2023 after receipt of the said complaint not register the FIR and not taken action against the unofficial respondents 4 to 8 is illegal, arbitrary and against the principles natural justice and also violation of Article 14, 19, 21 and 300-A of Constitution of India including the Apex Court Judgment Lalita Kumari Vs. Government of Uttar Pradesh and consequently direct the respondents police to entertain the complaint and register the FIR against the unofficial respondents 4 to 8 accused persons in the interest of justice.” 2. Sri V.Farooq, learned Assistant Government Pleader for Home, on written instructions, would submit that, based on the complaint of Respondent No.5 herein, a case in Crime No.297 of 2023 on the file of Samarlakota Police Station, East Godavari District against the son of the Petitioner. As such, the Petitioner lodged a complaint against Respondent No.5 with false allegations. Therefore, the Police have not registered any case based on the complaint of the Petitioner. 3. Sri D.Bala Srinivasa Rao, learned counsel for the Petitioner would submit that the Court may pass appropriate orders. 4. In that view, the Writ Petition is disposed of. However, the Petitioner is at liberty to work out his remedies before appropriate forum in accordance with law. 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:22.11.2025 Dinesh 3 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.29655 of 2023 Dt.22.11.2025 Dinesh