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2025 DAILYLAW 52487 (AP)

M SUBBA RAO v. THE STATE OF AP

WP/26253/2023 · 2025-11-21

Venkata Jyothirmai Pratapa

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Judgment text

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APHC010506812023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) SATURDAY,THE TWENTY SECOND DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 26253 OF 2023 Between: 1. M SUBBA RAO, s/o Reddanna, Aged about 55 years, D.No. 19-4-3H/13, K.R.R. Colony, S.T.V. Nagar, Tirupati, Tirupati District. ...Petitioner AND 1. THE STATE OF AP, rep. by its Principal Secretary, Home Department, Secretariat Buildings, at Velagapudi, Guntur District, Andhra Pradesh. 2. The Superintendent of Police, , Tirupati Urban, Office of Superintendent of Police, Tirupati, Chittoor District, now Tirupati District 3. The Deputy Superintendent of Police, Office of Deputy Superintendent of Police, East Police Station, Tirupati 4. The Station House Officer, East Police Station, Tirupati, Chittoor District, Now Tirupati District ...Respondents 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 pleased to issue a writ, order, or orders or direction more particularly one in the nature of a WRIT OF MANDAMUS declaring the action of the 4th respondent police personnel in not registering the F.I.R. basing on the report dated 01-08-2023 is arbitrary, illegal also violation of Section 154 of Cr.P.C. and consequently direct the 4th respondent police to register the FIR basing on the report dated 01-08-2023 and complete the investigation as expeditiously as possible in accordance with law as per Supreme Court Judgment held in Lalitha Kumar Vs Govt. of U.P. AIR 2014 SC 187 and to pass IA NO: 1 OF 2023 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 4th respondent police to register the FIR basing on the report dated 01-08-2023 and complete the investigation as expeditiously as possible in accordance with law as per Supreme Court Judgment held in Lalitha Kumar Vs Govt. of U.P. AIR 2014 SC 187 and to pass Counsel for the Petitioner: VENKATA DURGA RAO ANANTHA Counsel for the Respondents: GP FOR HOME The Court made the following order: THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 26253 OF 2023 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 orders or direction more particularly one in the nature of a WRIT OF MANDAMUS declaring the action of the 4th respondent police personnel in not registering the F.I.R. basing on the report dated 01-08-2023 is arbitrary, illegal also violation of Section 154 of Cr.P.C. and consequently direct the 4th respondent police to register the FIR basing on the report dated 01-08-2023 and complete the investigation as expeditiously as possible in accordance with law as per Supreme Court Judgment held in Lalitha Kumar Vs Govt. of U.P. AIR 2014 SC 187 and to pass…” 2. Heard Sri Venkata Durga Rao Anantha, learned counsel for the petitioner(s) and Sri Farooq, learned Assistant Government Pleader for Home for the respondents. 3. The present Writ Petition is filed seeking a direction to the respondent police to register the case basing on the complaint dated 01.08.2023 made by the petitioner. 03. Sri V.Farooq, learned Assistant Government Pleader for Home for the respondents, on written instructions, brought to the notice of this Court that the police have not registered the FIR, since the petitioner did not turned up to attend the police station to enquire into the issue. 4. The learned counsel for the petitioners submitted that the Court may pass appropriate orders. 5. Recording the above submissions, this Writ Petition is disposed of. However, the petitioner is at liberty to approach the police by furnishing the necessary information to pursue his complaint in accordance with law. 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: 22-11-2025 KKV HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.26253 of 2023 Dated.22-11-2025 KKV 220 HIGH COURT OF ANDHRA PRADESH:: AMARAVATI MAIN CASE NO.: W.P.No.26253 of 2023 PROCEEDING SHEET Sl. No. Date ORDER OFFICE NOTE 22.11.2025 Dr.VJP,J The Writ Petition is disposed of. (vide separate order) ________ Dr.VJP,J KKV