APHC010478782024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] FRIDAY,THE SEVENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION No. 24589/2024 Between: 1. BHOGAVARAPU MANI KUMAR, S/O.NARAYANARAO, AGED 32 YEARS,OCC.BUSINESS, R/O.D.No.30-14-6/1 K.SRIRAMAMURTHY STREET, KOTHA VANTHENA ROAD, DURGA AGRAHARAM,VIJAYAWADA URBAN, N.T.R DISTRICT. ...PETITIONER AND 1. STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE COMMISSIONER OF POLICE, VIJAYAWADA, N.T.R.DISTRICT. 3. THE ASSISTANT COMMISSIONER OF POLICE, SOUTH ZONE, VIJAYAWADA, N.T.R.DISTRICT. 4. THE INSPECTOR OF POLICE, SURYARAOPET CIRCLE, VIJAYAWADA, N.T.R DISTRICT. 5. THE STATION HOUSE OFFICER, SURYARAOPET POLICE STATION VIJAYAWADA, N.T.R DISTRICT. 6. DISTRICT COLLECTOR AND DISTRICT MAGISTRATE, VIJAYAWADA, N.T.R.DISTRICT. 7. SUBDIVISIONALREGISTRAR CUM REVENUE DIVISIONAL OFFICER, GANDHINAGAR, VIJAYAWADA, N.T.R DISTRICT. 8. THE MANDAL EXMAGISTRATECUMTAHSILDAR, GANDHINAGAR, VIJAYAWADA, N.T.R DISTRICT. ...RESPONDENT(S): 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 issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the inaction on the part of respondents on petitioner's representation dated 03.10.2024, submitted for initiating proceedings under Chapter IX, Section 126 of Bharatiya Nagarik Suraksha Sanhita, 2023 to bind over executives of his creditors, their agents, representatives and henchmen for their illegal acts thereby 2 causing breach of peace and disturbance to public tranquility by threatening him with dire consequences and demanding immediate payment of hefty amounts claimed to be due under the aforesaid debts, apart from protecting petitioner life and dignity from them, as illegal, irregular, irrational and amounts to non-discharge of legal obligation conferred on respondents 2 to 8 under the provisions of the Code of Criminal Procedure, 1973 and offends Articles 14 and 21 of Constitution of India and consequently direct the respondents particularly respondents 4 and 5 to initiate proceedings under Chapter IX, Section 126 of Bharatiya Nagarik Suraksha Sanhita, 2023 against the aforesaid persons and their henchmen for their illegal acts causing breach and disturbance to public tranquillity by threatening petitioner and his family members with dire consequences and 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 to direct the respondents 1 to 8 to consider and initiate necessary action on petitioner’s representation dt.03.10.2024 submitted for initiating proceedings under Chapter IX, Section 126 of Bharatiya Nagarik Suraksha Sanhita, 2023 to bind over the executives of his creditors, their agents, representatives and henchmen for their illegal acts thereby causing breach of peace and disturbance to public tranquillity by threatening him with dire consequences and demanding immediate payment of hefty amounts claimed to be due under the aforesaid debts, apart from protecting petitioner lives and dignity from them, pending disposal of the main Writ Petition and pass Counsel for the Petitioner: 1. KISHORE KUMAR KATARI Counsel for the Respondent(S): 1. GP FOR HOME 3 The Court made the following: ORDER: The instant Writ Petition is filed by the Petitioner seeking indulgence of this Court under Article 226 of the Constitution of India for the following relief: “.... to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the inaction on the part of respondents on petitioner's representation dated 03.10.2024, submitted for initiating proceedings under Chapter IX, Section 126 of Bharatiya Nagarik Suraksha Sanhita, 2023 to bind over executives of his creditors, their agents, representatives and henchmen for their illegal acts thereby causing breach of peace and disturbance to public tranquillity by threatening him with dire consequences and demanding immediate payment of hefty amounts claimed to be due under the aforesaid debts, apart from protecting petitioner life and dignity from them, as illegal, irregular, irrational and amounts to non- discharge of legal obligation conferred on respondents 2 to 8 under the provisions of the Code of Criminal Procedure, 1973 and offends Articles 14 and 21 of Constitution of India and consequently direct the respondents particularly respondents 4 and 5 to initiate proceedings under Chapter IX, Section 126 of Bharatiya Nagarik Suraksha Sanhita, 2023 against the aforesaid persons and their henchmen for their illegal acts causing breach and disturbance to public tranquillity by threatening petitioner and his family members with dire consequences and pass ...” Heard learned counsel for the Petitioner and learned Assistant Government Pleader for Home for respondent State. Perused the material on record. The grievance of the Petitioner is that respondent Police did not consider his representation dated 03.10.2024 which is given to initiate of bind over proceedings against the executives of his creditors. Learned Assistant Government Pleader for Home appearing for respondent State would submit that the Court may pass appropriate orders by disposing of this Writ Petition. 4 In the light of the submissions made, this Writ Petition is disposed of. Respondent Police are directed to look into the Petitioner’s representation dated 03.10.2024 and take an appropriate action against the concerned persons according to law. No order as to costs. Pending applications, if any, shall stand closed. DR.JUSTICE VENKATA JYOTHIRMAI PRATAPA Mjl/* 5 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA Writ Petition No. 24589 of 2024 07.11.2025 Mjl /*