Extracted from the PDF above. The PDF is authoritative.
APHC010516142024
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)
THURSDAY,THE FOURTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 26819 OF 2024 Between:
1. KONDETI RAJASEKHAR, S/o. Malli, Aged about 35 years Residing at Door No. 32-13-53/B, A.S. Rama Rao Street, Moghalrajapuram, Vijayawada, Andhra Pradesh. ...Petitioner AND
1. THE STATE OF AP, Represented by its Principal Secretary, Home Department, Secretariat, Velagapudi, Amaravati, Guntur District, Andhra Pradesh. 2. The Director General of Police, Andhra Pradesh, Amaravati. 3. The Commissioner of Police, Vijayawada City, Andhra Pradesh. 4. The Station House Officer, Machavaram Police Station, Vijayawada City, Andhra Pradesh. ...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 tomay be pleased to issue a Writ, Order or direction more particularly one in the nature of Writ of Mandamus, (a) To direct the Respondent No.4 to register an FIR based on the petitioners Complaint, dated 30.09.2024 and
conduct a thorough investigation into the allegations. (b) To direct Respondent No. 3 to oversee the investigation to ensure it is conducted impartially and without interference. (c) To direct the Respondents to provide protection to the petitioner and his family, given the serious threats made against them by the accused. (d) and to 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 Respondent No.4 to register an FIR based on the petitioners Complaint, dated 30.09.2024 and conduct a thorough investigation into the allegations, pending disposal of the main Writ Petition, and pass Counsel for the Petitioner: V R MAHESWARA RAO PALETI Counsel for the Respondents: GP FOR HOME
THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 26819 OF 2024 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, Order or direction more particularly one in the nature of Writ of Mandamus, (a) To direct the Respondent No.4 to register an FIR based on the petitioners Complaint, dated 30.09.2024 and conduct a thorough investigation into the allegations.
(b) To direct Respondent No. 3 to oversee the investigation to ensure it is conducted impartially and without interference. (c) To direct the Respondents to provide protection to the petitioner and his family, given the serious threats made against them by the accused. (d) and to pass such other order or orders…”
2. Heard learned counsel for the petitioner also heard Sri. V.Farooq, learned Assistant Government Pleader for Home, representing the respondents. 3. The learned counsel for the petitioner would submit that the respondent No.4 is not registering the FIR basing the complaint made by him on
30.09.2024. 4. The learned Assistant Government Pleader for Home would submit that the petitioner involved in Cyber and Economic offences vide Crime No.303 of 2024 for the offences punishable under Sections 66(C), 66(D) Information Technology Act r/w. 318 (4), 319 (2) BNS and the same is under investigation. He would further submit that the petitioner presented a report in the same
crime against other persons and he is not co-operating with the Investigation Officer. 5. The learned counsel for the petitioner submits that the writ petition may be disposed of by giving liberty to the petitioner to approach the police. 6. Recording the above submissions, this Writ Petition is disposed of. However, the petitioner is at liberty to approach the police 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: 04.12.2025 Ksj