APHC010538312023 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: 28003 OF 2023 Between: 1. PENTYALA KRISHNA BABU, S/o Butchaiah, Aged about 39 years, Occ Business, R/o. Badevaripalem Village, Valeti Vari Palem Mandal, Sri Potti Sriramulu Nellore, Andhra Pradesh ...Petitioner AND 1. THE STATE OF ANDHRA PRADESH, Rep. by its Principal Secretary, Home Department, Secretariat, Velagapudi, Amaravathi, Guntur District. Andhra Pradesh. 2. The Director General of Police, Andhra Pradesh Police Headquarters, Mangalagiri, Guntur District, Andhra Pradesh. 3. The Superintendent of Police, Patti Sriramulu Nellore District, Andhra Pradesh. 4. The Station House Officer, Valeti Vari Palem Police Station, Nellore District, Andhra Pradesh 523116. ...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 topleased to issue a writ, order or direction more particularly one in the nature of a Writ of Mandamus, to direct the Respondents specifically Respondent No. 4 to take cognisance of the petitioner's complaint dated 9.10.2023 and follow the due process of law as laid down by the Hon'ble Supreme Court of India in Lalita Kumari vs Govt.Of U.P.AND Ors in WRIT PETITION (CRIMINAL) NO. 68 OF 2008 as any contrary would be violative of Hon'ble Supreme Court of India judgment Lalita Kumari vs Govt.Of U.P.AND Ors in 1 WRIT PETITION (CRIMINAL) NO. 68 OF 2008 and pass Counsel for the Petitioner: UMESH CHANDRA P V G Counsel for the Respondents: GP FOR HOME THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 28003 OF 2023 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 a Writ of Mandamus, to direct the Respondents specifically Respondent No. 4 to take cognizance of the petitioner's complaint dated 9.10.2023 and follow the due process of law as laid down by the Hon'ble Supreme Court of India in Lalita Kumari vs Govt.Of U.P.AND Ors in WRIT PETITION (CRIMINAL) NO. 68 OF 2008 as any contrary would be violative of Hon'ble Supreme Court of India judgment Lalita Kumari vs Govt.Of U.P.AND Ors in 1 WRIT PETITION (CRIMINAL) NO. 68 OF 2008 and pass such other order or orders…” 2. Heard learned counsel for the petitioner and also heard Sri. V.Farooq, learned Assistant Government Pleader for Home representing the respondents. 3. When the matter is taken up for hearing, Sri V.Farooq, learned Assistant Government Pleader for Home for the respondents, on written instructions, would submit that on perusal of the complaint/representation of the petitioner, no specific allegations making out cognizable offence are made out to register an FIR. He further submits that the contents of the complaint/representation attract the offences under Section 499 and 500 I.P.C, which are non-cognizable. Therefore, the respondent-police have not registered the crime. He also submits that, in view of Section 155(2) of Cr.P.C, no police officer shall investigate a non-cognizable case without an order of a Magistrate. 4. Recording the submission of learned Assistant Government Pleader, this writ petition is disposed of. The petitioner is at liberty to work out her remedies before the appropriate forum according to the law. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATAJYOTHIRMAI PRATAPA Date: 04.12.2025 Ksj