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2025 DAILYLAW 52553 (AP)

GUNTAPUDI VIJAY KUMAR v. THE STATE OF ANDHRA PRADESH

WP/20454/2023 · 2025-11-21

Venkata Jyothirmai Pratapa

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Judgment text

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APHC010396552023 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: 20454 OF 2023 Between: 1. GUNTAPUDI VIJAY KUMAR, S/o. Late G.W.W. Winnifred, Aged about 42 years, Occ. Business, R/o. H.No. 10-29-5/C, 3rd Lane, Christianpet, Kavali Mandal, SPSR Nellore District. ...Petitioner AND 1. THE STATE OF ANDHRA PRADESH, Rep. by its Principal Secretary, Home Department, Secretariat, Velagapudi, Guntur District. 2. The Director General of Police, State of Andhra Pradesh, Mangalagiri, Guntur District. 3. The Superintendent of Police, SPSR Nellore District, at Nellore. 4. The Station House Officer, II Town Police Station Kavali, SPSR Nellore District. 5. Pane Ajith Kumar, S/o. Peda Kondaiah, Aged. 31 years, Occ. Money lending Business, R/o. Shanti Nagar (V), Elurupadu (M), Prakasam District, 6. Andela Naveen Kumar, S/o. Narasimha Rao, Aged 37 years, Occ. Money lending Business, R/o. Shanti Nagar (V), Elurupadu (M), Prakasam District, 7. Manoj, S/o. Not Known, Aged. 29 years, Occ. Money lending Business, R/o. Shanti Nagar (V), Elurupadu (M), Prakasam District, 8. Parre Anil Kumar, S/o. Peda Kondaiah, Aged. 33 years, Occ. Money lending Business, R/o. Shanti Nagar (V), Elurupadu (M), Prakasam District, 9. B Edwin Vijay Kumar, S/o. BND Prasada Rao, Aged. 42 years, Occ. Money lending Business, R/o. BHEL, Ramachandrapuram, Hyderabad. ...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 of Mandamus or any other appropriate writ, order or Direction more particularly one in the nature of Writ of mandamus, to declare the action of the respondent No. 3 and 4 herein in not registering crime and not initiating any action against the unofficial respondents in pursuance of the complaint of petitioner Dt. 24.07.2023 and 27.07.2023, as illegal, arbitrary, unjust and consequently direct the respondent police authorities herein forthwith to initiate strenuous action in pursuance of the complaint of petitioner Dt. 24.07.2023 and 27.07.2023 by registering the crime against the unofficial respondents and save lives of petitioner and his family, 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 herein forthwith to register the criminal case against the unofficial respondents in pursuance of the Complaint of the petitioner Dt. 24.07.2023 and 27.07.2023, pending disposal of the main Writ Petition, in the interest of justice and to pass such Counsel for the Petitioner: BVSS BALAKRISHNA RANJIT Counsel for the Respondents: GP FOR HOME THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 20454 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 of Mandamus or any other appropriate writ, order or Direction more particularly one in the nature of Writ of mandamus, to declare the action of the respondent No. 3 and 4 herein in not registering crime and not initiating any action against the unofficial respondents in pursuance of the complaint of petitioner Dt. 24.07.2023 and 27.07.2023, as illegal, arbitrary, unjust and consequently direct the respondent police authorities herein forthwith to initiate strenuous action in pursuance of the complaint of petitioner Dt. 24.07.2023 and 27.07.2023 by registering the crime against the unofficial respondents and save lives of petitioner and his family, and to pass....…” 2. None representation for the petitioner(s). 3. When the matter is taken up for hearing, Sri V. Farooq, learned Assistant Government Pleader for Home for the respondents, on written instructions, would submit that the police had received the representation dated 24.07.2023 and 27.07.2023. After conducting preliminary enquiry, it appears to be a financial dispute between the parties, the police have not registered a case, treating the matter as civil in nature. 4. Recording the above said submissions, this writ petition is disposed of. However, the petitioner is at liberty to work out his remedies before the appropriate forum according to the law. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATAJYOTHIRMAI PRATAPA Date: 22-11-2025 KKV THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA 132 WRIT PETITION NO: 20454 OF 2023 Date: 22-11-2025 KKV HIGH COURT OF ANDHRA PRADESH:: AMARAVATI MAIN CASE NO.: W.P.No.20454 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