Extracted from the PDF above. The PDF is authoritative.
APHC010540702025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] WEDNESDAY, THE TWENTY NINETH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 28334/2025 Between:
1. BIG C MOBILES PRIVATE LIMITED, R/O. D.N0.1-98/2/B, PLOT NO.4, IMAGE GARDENS LANE, MADHAPUR, HYDERABAD, TELANGANA.
REP. BY ITS AUDITOR MR. MADDILA GURU NAID
...PETITIONER AND
1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY. HOME DEPARTMENT, SECRETARIAT, AMARAVATI, GUNTUR DISTRICT
2. THE SUPERINTENDENT OF POLICE, SRIKAKULAM, SRIKAKULAM DISTRICT ANDHRA PRADESH.
3. THE STATION HOUSE OFFICER, 2 TOWN POLICE STATION SRIKAKULAM TOWN. SRIKAKULAM DISTRICT ANDHRA PRADESH.
4. POTNURU NAGA RAJU, R/O. NEW LOT MOBILE STORE, GT ROAD, NEAR ANDHRA BANK SRIKAKULAM ANDHRA PRADESH.
...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 to issue a writ of mandamus or any other appropriate writ order or orders declaring the inaction of the 2ND and 3RD respondents in not registering the criminal complaint dated. 26.09.2025 as illegal, arbitrary and unconstitutional, and consequently direct the respondent no. 2 and 3 to register the criminal complaint dated.26.09.2025 and pass
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IA NO: 1 OF 2025 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 to direct the respondent no.2 and 3 to register the criminal complaint dated. 26.09.2025 pending disposal of the main writ petition and pass Counsel for the Petitioner:
1. RAYALA BHAGYA RAJA Counsel for the Respondent(S):
1. GP FOR HOME
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THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 28334 of 2025
ORDER:
This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for:
“…to issue a writ of mandamus or any other appropriate writ order or orders declaring the inaction of the 2ND and 3RD respondents in not registering the criminal complaint dated. 26.09.2025 as illegal, arbitrary and unconstitutional, and consequently direct the respondent no. 2 and 3 to register the criminal complaint dated.26.09.2025 and pass.…”
2. Heard Sri Rayala Bhagya Raja, learned counsel for the petitioner and Sri V.Farooq, learned Assistant Government Pleader for Home for the respondents.
3. The Learned Assistant Government Pleader for Home, appearing on behalf of the respondents, submitted that the police have not registered any crime pursuant to the representation made by the petitioner, as the allegations therein fall within the ambit of the Trade Marks Act, 1999 and the Copyright Act, 1957, which are not criminal in nature. It is further submitted that the police have advised the petitioner to approach the appropriate forum for redressal of their grievance in accordance with law.
4.
Learned counsel for the petitioner would submit that recording the same, the petition may be disposed of.
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5. In view of the submission made by the learned Assistant Government Pleader for Home that the allegations made by the petitioner fall within the ambit of the Trade Marks Act, 1999 and the Copyright Act, 1957, which are not criminal in nature, this Writ Petition is disposed of. However, the petitioner is at liberty to work out their 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: 29.10.2025. UPS
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HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA
W.P.No.28334 of 2025
Dated.29.10.2025
UPS
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