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2025 DAILYLAW 54909 (AP)

D RAMANJANEYULU v. THE STATE OF AP

WP/7297/2023 · 2025-11-21

Venkata Jyothirmai Pratapa

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Judgment text

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APHC010142372023 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) SATURDAY,THE TWENTY SECOND DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT Between: 1. D RAMANJANEYULU, S/o Dasari Vemanna, Aged about 30 years,R/o D.No. 2-448, Satyanarayanapeta,Guntakal Town and mandal, Ananthapuram District 1. THE STATE OF AP, rep. by its Principal Secretary, Home Secretariat buildings, Velagapudi, Guntur District. 2. The Superintendent of Police, Ananthapuram District. 3. The Station House Officer, I Town Police Station, Guntakal Mandal, Ananthapuram District. 4. Kasim B, W/o Abdul Rehman, Aged about 4 and mandal, Ananthapuram District. 5. Sheik Jilan, S/o Abdul Rehman, Aged about 45 years, R/o Guntakal Town and mandal, Ananthapuram District. 6. Upputuru Shankar, S/o Janpanna, Aged about 50 years, R/o Guntakal Town and mandal, Ananthapuram District. 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: 7297 OF 2023 1. D RAMANJANEYULU, S/o Dasari Vemanna, Aged about 30 years,R/o 448, Satyanarayanapeta,Guntakal Town and mandal, ...Petitioner AND 1. THE STATE OF AP, rep. by its Principal Secretary, Home Department, Secretariat buildings, Velagapudi, Guntur District. 2. The Superintendent of Police, Ananthapuram District. 3. The Station House Officer, I Town Police Station, Guntakal Mandal, 4. Kasim B, W/o Abdul Rehman, Aged about 40 years, R/o Guntakal Town and mandal, Ananthapuram District. 5. Sheik Jilan, S/o Abdul Rehman, Aged about 45 years, R/o Guntakal Town and mandal, Ananthapuram District. 6. Upputuru Shankar, S/o Janpanna, Aged about 50 years, R/o Guntakal l, Ananthapuram District. IN THE HIGH COURT OF ANDHRA PRADESH SATURDAY,THE TWENTY SECOND DAY OF NOVEMBER THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA 1. D RAMANJANEYULU, S/o Dasari Vemanna, Aged about 30 years,R/o 448, Satyanarayanapeta,Guntakal Town and mandal, ...Petitioner Department, 3. The Station House Officer, I Town Police Station, Guntakal Mandal, 0 years, R/o Guntakal Town 5. Sheik Jilan, S/o Abdul Rehman, Aged about 45 years, R/o Guntakal Town 6. Upputuru Shankar, S/o Janpanna, Aged about 50 years, R/o Guntakal 7. Vijay Sandeep Reddy, S/o Vijay Mohan Reddy, Aged about 35 years, R/o Guntakal Town and mandal, Ananthapuram District. 8. Sabira B, W/o Athavulla Shareef, aged about 35 years, R/o Guntakal Town and mandal, Ananthapuram District. 9. N Naseer Basha, S/o Not Known, Sub Regsitrar,Guntakal, Ananthapuram 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 direction more particularly one in the nature of mandamus declaring the action of the 3rd respondent in not registering the FIR basing on the petitioner's complaint dated 23.01.2023(sent the complaint through registered post and same was received on 27.02.2023) and further harassing the petitioner to withdraw the complaint is as illegal, arbitrary and violation of the provisions of Code of Criminal Procedure and consequently direct the 3rd respondents to register FIR and conduct investigation into the offences in the complaint and pass 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 register the FIR basing on the petitioner's complaint dated 23.01.2023(sent the complaint through registered post and same was received on 27.02.2023), pending disposal of the writ petition, and pass IA NO: 2 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 grant leave to petitioners / Respondents 6, 7 and 8 to file Counter affidavit in W.P. No. 7297/2023 and pass Counsel for the Petitioner: P NARASIMHULU Counsel for the Respondents: GP FOR HOME Counsel for the Respondents:D KRISHNA MURTHY The Court made the following order: THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 7297 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 direction more particularly one in the nature of mandamus declaring the action of the 3rd respondent in not registering the FIR basing on the petitioner's complaint dated 23.01.2023(sent the complaint through registered post and same was received on 27.02.2023) and further harassing the petitioner to withdraw the complaint is as illegal, arbitrary and violation of the provisions of Code of Criminal Procedure and consequently direct the 3rd respondents to register FIR and conduct investigation into the offences in the complaint and pass…” 2. Heard Sri P.Narasimhulu, learned counsel for the petitioner(s) and Sri Farooq, learned Assistant Government Pleader for Home for the respondents. 3. The present Writ Petition is filed seeking a direction to the respondent police to register the case basing on the complaint dated 23.01.2023 made by the petitioner. 03. Sri V.Farooq, learned Assistant Government Pleader for Home for the respondents, on written instructions, brought to the notice of this Court that basing on the complaint of the petitioner a crime was registered in Cr.No.27 of 2023 under section 420, 465, 467, 468, 471 r/w 34 IPC and Section 3(1),(f),3(2)(v) SC ST POA Act dated 21.03.2023 110 of 2023 on the file of Guntakal I Town Police Station against accused Nos.1 to 6. 4. The learned counsel for the petitioner, by filing a memorandum, submitted that the police have referred the case as being civil in nature and prayed for liberty to approach the appropriate forum. 5. Recording the above said submissions, this Writ Petition is disposed of. However, the petitioner is at liberty to avail his remedies before the appropriate forum in accordance with 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.7297 of 2023 Dated.22-11-2025 KKV 108 HIGH COURT OF ANDHRA PRADESH:: AMARAVATI MAIN CASE NO.: W.P.No.7297 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