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2025 DAILYLAW 55054 (AP)

P VENKATA SWAMY v. THE STATE OF ANDHRA PRADESH

WP/13081/2023 · 2025-11-21

Venkata Jyothirmai Pratapa

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Judgment text

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APHC010246452023 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 PETITION NO: 13081 OF 2023 Between: 1. P VENKATA SWAMY, S/o P.Venkataiah, Age. 38 years, Occ. Media Reporter, R/o 87/1101-7-35 1. THE STATE OF ANDHRA PRADESH, Rep by its Principal Secretary, Department of Home, Secretariat, Velagapudi, Guntur District 2. The Superintendent of Police, Kurnool, Kurnool District 3. The Sub Divisional Police Officer, Kurnool, Kurnool District 4. The Station House Officer, III Town Police Station, Kurnool, Kurnool 5. P Suresh Kumar, S/o Srinivasulu, Aged. 36 years, Occ. Business, R/o Konepalli, Pamidi (m), Anantapur District 6. Hanumantha Reddy, S/o Father's name not known to Petitioner, Aged. 40 years, Occ. Business, R/o Konepalli, Pamidi (m), Anantapur Di 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 PETITION NO: 13081 OF 2023 1. P VENKATA SWAMY, S/o P.Venkataiah, Age. 38 years, Occ. Media 35-T, Ganesh Nagar-2, Kurnool, Kurnool District. ...Petitioner AND 1. THE STATE OF ANDHRA PRADESH, Rep by its Principal Secretary, Department of Home, Secretariat, Velagapudi, Guntur District 2. The Superintendent of Police, Kurnool, Kurnool District 3. The Sub Divisional Police Officer, Kurnool, Kurnool District 4. The Station House Officer, III Town Police Station, Kurnool, Kurnool 5. P Suresh Kumar, S/o Srinivasulu, Aged. 36 years, Occ. Business, R/o Konepalli, Pamidi (m), Anantapur District 6. Hanumantha Reddy, S/o Father's name not known to Petitioner, Aged. 40 years, Occ. Business, R/o Konepalli, Pamidi (m), Anantapur District ...Respondents IN THE HIGH COURT OF ANDHRA PRADESH SATURDAY,THE TWENTY SECOND DAY OF NOVEMBER THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA 1. P VENKATA SWAMY, S/o P.Venkataiah, Age. 38 years, Occ. Media 2, Kurnool, Kurnool District. ...Petitioner 1. THE STATE OF ANDHRA PRADESH, Rep by its Principal Secretary, 4. The Station House Officer, III Town Police Station, Kurnool, Kurnool District 5. P Suresh Kumar, S/o Srinivasulu, Aged. 36 years, Occ. Business, R/o 6. Hanumantha Reddy, S/o Father's name not known to Petitioner, Aged. 40 strict ...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 nature of Writ of Mandamus, declaring the inaction on the part of Respondents 2 to 4 in registering the Crime in pursuance of Petitioner's Complaint dt.20.04.2023 lodged for taking appropriate legal action against Respondents 5 and 6 for committing offences under Sections 352, 447, 506 of IPC and Section 3 (g) of The Schedule Castes And Schedule Tribes ( Prevention of Atrocities ) Act 1989 as illegal and arbitrary, unconstitutional, violative of rights of citizens envisaged under the articles of Constitution of India and consequently direct the Respondents 2 to 4 to register Crime in pursuance of Petitioner's Complaint dt.20.04.2023 for setting the law in motion for punishing Respondents 5 and 6 in accordance with law 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 Respondent No.3 to register Crime in pursuance of Petitioner's Complaint dt.20.04.2023 for setting the law in motion for punishing Respondents 5 and 6 in accordance with law and pass Counsel for the Petitioner: N CHANDRA SEKHAR REDDY Counsel for the Respondents: GP FOR HOME The Court made the following order: THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 13081 OF 2023 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer: “…..pleased to issue a writ, order or direction more particularly one in nature of Writ of Mandamus, declaring the inaction on the part of Respondents 2 to 4 in registering the Crime in pursuance of Petitioner's Complaint dt.20.04.2023 lodged for taking appropriate legal action against Respondents 5 and 6 for committing offences under Sections 352, 447, 506 of IPC and Section 3 (g) of The Schedule Castes And Schedule Tribes ( Prevention of Atrocities ) Act 1989 as illegal and arbitrary, unconstitutional, violative of rights of citizens envisaged under the articles of Constitution of India and consequently direct the Respondents 2 to 4 to register Crime in pursuance of Petitioner's Complaint dt.20.04.2023 for setting the law in motion for punishing Respondents 5 and 6 in accordance with law and pass……” 2. None represented for the petitioner(s). 3. When the matter is taken up for hearing, Sri V. Farooq, learned Assistant Government Pleader for Home, on instructions, would submit that the police had received the petitioner’s complaint dated 20.04.2023 through post and had called the petitioner to the police station for a preliminary enquiry, but the petitioner did not turn up to the police station.. 4. Recording the above submission, the Writ Petition is disposed of. However, the petitioner is at liberty to work out 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 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA 102 WRIT PETITION NO: 13081 of 2023 Dt.22.11.2025 KKV HIGH COURT OF ANDHRA PRADESH:: AMARAVATI MAIN CASE NO.: W.P.No.13081 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