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2025 DAILYLAW 53695 (AP)

DOPPALAPUDI USHA RAMANI v. The State of Andhra Pradesh

WP/29727/2025 · 2025-11-05

Venkata Jyothirmai Pratapa

body2025

Judgment text

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APHC010576042025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY, THE SIXTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 29727/2025 Between: 1. DOPPALAPUDI USHA RAMANI, W/O. KUMARA SRINIVASA CHAKRAVARTHI AGED ABOUT 51 YEARS, OCC HOUSEHOLD, R/O. FLAT NO. 601, WILLOWS, RAIN TREE PARK, DWARAKA KRISHNA, NAMBURU, GUNTUR DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE SUPERINTENDENT OF POLICE, GUNTUR DISTRICT, NAGARAMPALEM AT GUNTUR. 3. THE DEPUTY SUPERINTENDENT OF POLICE, PEDDAKAKANI MANDAL, GUNTUR DISTRICT. 4. THE STATION HOUSE OFFICER, PEDDAKAKANI POLICE STATION PEDDAKAKANI, GUNTUR DISTRICT. 5. AREMANDA SATISH SATISH BABU, S/O. LATE SAMBASIVA RAO AGED 47 YEARS, R/O. D.NO. 10-8-5/2, YARRAGUNTAVARI STREET, CHENCHUPET, TENALI, GUNTUR DISTRICT. 6. MAKKAPATI APARNA, W/O. M. ANIL, AGED 42 YEARS, R/O. FLAT NO. 305, LAND MARK PRISTINE APARTMENTS, KASANI KOUSALYA MARG, ROAD NO. 2, NEAR MAA VILAS, BACHUPALLY, 2 QUTUBULLAPUR, K.V. RANGA REDDY, TELANGANA STATE. ...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 due part of 4th respondent on petitioners complaint dated 29.09.2025, submitted to the 2nd respondent, seeking registration of FIR and investigation against the 5th and 6th respondents for cheating, forgery, criminal conspiracy, and misuse of promissory notes, as illegal, arbitrary, irregular, irrational, and contrary to the provisions of Section 173(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023, and violative of Articles 14 and 21 of the Constitution of India, and consequently direct the 4th respondent to conduct a preliminary enquiry or proceed with investigation as mandated under the said provisions of Section 173(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 and pass IA NO: 1 OF 2025 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 4 to consider and decide petitioners complaint dated 29.09.2025, submitted to the 2nd respondent, seeking registration of FIR and investigation against respondents 5 and 6 for cheating, forgery, criminal conspiracy, and misuse of promissory notes by conducting preliminary enquiry, in accordance with the provisions of Section 173(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023,pending disposal of the main Writ Petition and pass Counsel for the Petitioner: 1. PALA KARTHI KIRAN Counsel for the Respondent(S): 1. GP FOR HOME 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 29727 of 2025 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 declaring the inaction on due part of 4th respondent on petitioner’s complaint dated 29.09.2025, submitted to the 2nd respondent, seeking registration of FIR and investigation against the 5th and 6th respondents for cheating, forgery, criminal conspiracy, and misuse of promissory notes, as illegal, arbitrary, irregular, irrational, and contrary to the provisions of Section 173(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023, and violative of Articles 14 and 21 of the Constitution of India, and consequently direct the 4th respondent to conduct a preliminary enquiry or proceed with investigation as mandated under the said provisions of Section 173(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 and pass.…” 2. Heard Sri Pala Karthi Kiran, learned counsel for the petitioner and Sri V.Farook, learned Assistant Government Pleader for Home for the official respondents. 3. Learned Assistant Government Pleader for Home, on written instructions, would submit that the respondent-police have conducted enquiry on the representation made by the petitioner to register the case and found that the subject matter is civil in nature. So, they have not registered any crime. 4 4. Learned counsel for the petitioner would submit that recording the same, the petition may be disposed of. 5. Recording the same, this Writ Petition is disposed of. However, the petitioner is at liberty to work out her remedies before the appropriate forum according to 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: 06.11.2025. UPS 5 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.29727 of 2025 Dated.06.11.2025 UPS 180