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2025 DAILYLAW 5379 (AP)

BETHINA SRINIVASA RAO v. THE STATE OF ANDHRA PRADESH

WP/2723/2020 · 2025-08-12

Venkata Jyothirmai Pratapa

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Judgment text

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1 APHC010045372020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] WEDNESDAY,THE THIRTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 2723/2020 Between: 1. BETHINA SRINIVASA RAO, S/O. SATYANARAYANA, AGED 39 YEARS, OCC BUSINESS, R/O. D.NO. 144, ROAD NO.3,NEW ASHOK NAGAR, ELURU, WEST GODAVARI DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, ARNARAVATI, GUNTUR DISTRICT. 2. SUPERINTENDENT OF POLICE, WEST GODAVARI DISTRICT AT ELURU. 3. DEPUTY SUPERINTENDENT OF POLICE, , ELURU CITY, WEST GODAVARI DISTRICT. 4. INSPECTOR OF POLICE, ELURU CIRCLE AND CITY, WEST GODAVARI DISTRICT. 5. STATION HOUSE OFFICER, ELURU II TOWN POLICE STATION, WEST GODAVARI DISTRICT. 6. YELAMANCHILI SATAYANARAYANA, AGED 45 YEARS, R/O. NARASANNAPALEM VILLAGE, LINGAPALEM MANDAL, WEST GODAVARI DISTRICT. 7. CHAGANTI SIVANARAYANA, S/O.KRISHNAIAH, AGED 37 YEARS, R/O. K. GOKAVARAM VILLAGE, LINGAPALEM MANDAL, WEST 2 GODAVARI DISTRICT. 8. GORRELA VENKATA RAMBABU, S/O. RANGARAO, R/O D. NO. 4- 182, DENDULURU VILLAGE AND MANDAL, WEST GODAVARI DISTRICT. 9. KALIDASU BANGRU KANAKARAJU, S/O. POTHURAJU, R/O. D. NO. 1-35/2, DENDULURU VILLAGE AND MANDAL, WEST GODAVARI DISTRICT. 10. NEKKARAGANTI VEERA BUJJI BABU, S/O. NOT KNOWN, AGED 45 YEARS,R/O. SANTHI NAGAR, 8TH ROAD, ELURU CITY, WEST GODAVARI 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 topleased to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondents particularly 5th resr ondent in not registering the crime on petitioner's complaint dated 04.10.2018 submitted by him complaining criminal acts of respondents 6 to 10 and their accomplice, as illegal, irregular, irrational and amounts to non-discharge of legal obligation conferred on respondents 1 to 5 under the provisions of the Code of Criminal Procedure, 1973and offends article 14 and 21 of Constitution of India and consequently direct the 5threspondentto register the crime and prosecute the respondents 6 to 10 and their accomplice for appropriate offences and penal provisions of law and pass IA NO: 1 OF 2020 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 5th respondent to register the crime on petitioner's comphint dt.04.10.2018 and prosecute the respondents 6 to 10 and their accomplice for appropriate offences and penal provisions of law, pending disposal of the main Writ Petition and pass Counsel for the Petitioner: 1. UYYURI MANIVARUN Counsel for the Respondent(S): 3 1. GP FOR HOME (AP) 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 declaring the action of the respondents particularly 5th respondent in not registering the crime on petitioner's complaint dated 04.10.2018 submitted by him complaining criminal acts of respondents 6 to 10 and their accomplice, as illegal, irregular, irrational and amounts to non- discharge of legal obligation conferred on respondents 1 to 5 under the provisions of the Code of Criminal Procedure, 1973and offends article 14 and 21 of Constitution of India and consequently direct the 5threspondentto register the crime and prosecute the respondents 6 to 10 and their accomplice for appropriate offences and penal provisions of law and pass....…” 2. Heard Sri P.Nagaraju, learned counsel for the petitioner and Sri V.Farook, learned Assistant Government Pleader for Home. 3. Learned Assistant Government Pleader would submit that a crime has been registered in FIR No.40 of 2019 under Section 506 IPC and the said case is under investigation. 4. Learned counsel for the petitioner would submit that recording the above submission, the writ petition may be closed. 5. Recording the submissions of learned Assistant Government Pleader, this writ petition is closed. There shall be no order as to costs. 4 As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATAJYOTHIRMAI PRATAPA Date: 13.08.2025 MH 5 HON’BLE DR. JUSTICE VENKATAJYOTHIRMAI PRATAPA 176 W.P.No.2723 of 2020 Dated: 13.08.2025 MH