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2025 DAILYLAW 56933 (AP)

NADIGANTI PREMCHAND v. The State of Andhra Pradesh

WP/9700/2023 · 2025-11-21

Venkata Jyothirmai Pratapa

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Judgment text

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APHC010179732023 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. NADIGANTI PREMCHAND, S/o.N.Venkateswarlu, Aged about 37 years, Occ. Software Employee, R/o.D.No.26 A.T.Agraharam, Guntur District. 1. The State of Andhra Pradesh, R Department, Secretariat, Velagapudi, Amaravathi, Guntur District, A.P. 2. The Director General of Police, , APSP, 6th Battalion Premises, Mangalagiri, Guntur District. 3. The Superintendent of Police, , Guntur, Guntur 4. The Station House Officer, Nagarampalem Police Station, Guntur Town, Guntur District. 5. Nijampatnam Ashok, , S/o.N.Sarveswara Rao, Aged about 38 years, Occ. Employee, R/o.D.No.2-107A, Main Road, Martur, Darsi (Agraharam), Prakasam 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: 9700 OF 2023 1. NADIGANTI PREMCHAND, S/o.N.Venkateswarlu, Aged about 37 years, Occ. Software Employee, R/o.D.No.26-39-120/29, Sri Ram Nagar, 1st Line, A.T.Agraharam, Guntur District. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Home Department, Secretariat, Velagapudi, Amaravathi, Guntur District, A.P. 2. The Director General of Police, , APSP, 6th Battalion Premises, Mangalagiri, Guntur District. 3. The Superintendent of Police, , Guntur, Guntur District. 4. The Station House Officer, Nagarampalem Police Station, Guntur Town, 5. Nijampatnam Ashok, , S/o.N.Sarveswara Rao, Aged about 38 years, Occ. 107A, Main Road, Martur, Darsi (Agraharam), IN THE HIGH COURT OF ANDHRA PRADESH SATURDAY,THE TWENTY SECOND DAY OF NOVEMBER THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA 1. NADIGANTI PREMCHAND, S/o.N.Venkateswarlu, Aged about 37 years, 120/29, Sri Ram Nagar, 1st Line, ...Petitioner ep. by its Principal Secretary, Home Department, Secretariat, Velagapudi, Amaravathi, Guntur District, A.P. 2. The Director General of Police, , APSP, 6th Battalion Premises, 4. The Station House Officer, Nagarampalem Police Station, Guntur Town, 5. Nijampatnam Ashok, , S/o.N.Sarveswara Rao, Aged about 38 years, Occ. 107A, Main Road, Martur, Darsi (Agraharam), 6. Ambati Sowjanya Nidaganti Samanvitha, D/o.A.Prabhakar Rao, Aged about 32 yrs., R/o.D.No.8-832, Bheemanenivaripalem, Medikonduru Mandal, Guntur District. 7. Ambati Janardhan, , S/o.A.Prabahakar Rao, Aged about 37 yrs., R/o.D.No.8-832, Bheemanenivaripalem, Medikonduru Mandal, Guntur 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 4th Respondent herein in not taking action to register the Report given by the petitioner, dt.03.04.2023, as arbitrary, illegal and unconstitutional and against the provisions of the Code of Criminal Procedure and consequently direct the Respondents 3 and 4 herein to register the FIR in terms of guidelines issued by the Hon'ble Supreme Court in Lalitha Kumari Vs. Government of Uttar Pradesh and others, reported in (2014) 2 SCC 1 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 4th respondent herein to register the Report given by the Petitioner, dt.03.04.2023 to the 3rd respondent, as FIR, pending disposal of the main writ petition, and to 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 direct the respondents 3 and 4 herein to provide protection to the petitioner from the respondents 5 to 7, pending disposal of the main writ petition, and to pass Counsel for the Petitioner: VARALAKSHMI ANAM Counsel for the Respondents: GP FOR HOME The Court made the following order: THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 9700 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 4th Respondent herein in not taking action to register the Report given by the petitioner, dt.03.04.2023, as arbitrary, illegal and unconstitutional and against the provisions of the Code of Criminal Procedure and consequently direct the Respondents 3 and 4 herein to register the FIR in terms of guidelines issued by the Hon'ble Supreme Court in Lalitha Kumari Vs. Government of Uttar Pradesh and others, reported in (2014) 2 SCC 1 and pass.…” 2. Heard Ms.A.Varalakshmi, 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, Sri V.Farooq, learned Assistant Government Pleader for Home for the respondents, on written instructions, would submit that the representation for the petitioner discloses non-cognizable offence. The poliec have submitted a request to the Court vide CFR No.1721/2023 datsed 19.04.2023 and the orders are awaited seeking permission for registration of the case. 4. The learned counsel for the petitioner submitted that the Court may pass appropriate orders. 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.9700 of 2023 Dated.22-11-2025 KKV 286 HIGH COURT OF ANDHRA PRADESH:: AMARAVATI MAIN CASE NO.: W.P.No.9700 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