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2025 DAILYLAW 54272 (AP)

Garikana Srinivas Rao, v. The state of Andhra Pradesh,

WP/24802/2023 · 2025-11-21

Venkata Jyothirmai Pratapa

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Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010478722023 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: 24802 OF 2023 Between: 1. Garikana Srinivas Rao,, S/o Rendava Krishna, aged about 36 years, R/o D.No.1-71-2, Kankipativari Garuvu, Ammajipeta, Tuni, Kakinada District. ...Petitioner AND 1. The state of Andhra Pradesh, Rep by its principal secretary. Home department, Secretariat Building, Secretariat, Velagapudi, Gunturu District, 2. The Superintendent of Police, Kakinada, Kakinada District. 3. The Station House Officer, Tuni Town Police Station, Kakinada District. 4. Devara Lakshmi, W/o Surya Rao, aged about 57 years, R/o D.No.1-58-28, Seetharampuram, Rail Nagar, Tuni, Kakinada District ...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, order or a direction more particularly one in the nature of Writ of Mandamus declaring the action of the 3rd respondent in not taking action, and not registering the crime against the 4th respondent, pursuant to the complaint dated 6.12.2022 and 8.9.2023 lodged by the petitioner is highly illegal, arbitrary, unconstitutional, and in violation of Articles 14 and 21 of the Constitution of India and consequently direct the 3rd respondent to take action and to register the crime against the 4th respondent pursuant to the complaint dated 6.12.2022 and 8.9.2023 lodged by the petitioner 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 3rd respondent to take action and to register the crime against the 4th respondent pursuant to the complaint dated 6.12.2022 and 8.9.2023 lodged by the petitioner pending disposal of the writ petition Counsel for the Petitioner: V V N NARAYANA RAO Counsel for the Respondents: GP FOR HOME The Court made the following order: THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 24802 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, order or a direction more particularly one in the nature of Writ of Mandamus declaring the action of the 3rd respondent in not taking action, and not registering the crime against the 4th respondent, pursuant to the complaint dated 6.12.2022 and 8.9.2023 lodged by the petitioner is highly illegal, arbitrary, unconstitutional, and in violation of Articles 14 and 21 of the Constitution of India and consequently direct the 3rd respondent to take action and to register the crime against the 4th respondent pursuant to the complaint dated 6.12.2022 and 8.9.2023 lodged by the petitioner…” 2. Heard learned counsel for the petitioner and Sri V.Farooq, learned Assistant Government Pleader for Home for the respondents. 3. When the matter is taken up for hearing, the learned Assistant Government Pleader for Home for the respondents, on written instructions, would submit that police have not registered the case since no cognizance offence found in the contents of the complaintmade by the petitioner. 4. Learned counsel for the petitioner would submit that recording the same, the petition may be disposed of. 5. Recording the above said submission, this Writ Petition is disposed of. However, the petitioner is at liberty to work out his 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: 22-11-2025 KKV HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.24802 of 2023 Dated.22-11-2025 KKV 68 HIGH COURT OF ANDHRA PRADESH:: AMARAVATI MAIN CASE NO.: W.P.No.24802 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