Kandimalla Srinivasa Rao, v. The State of Andhra Pradesh
WP/28020/2025 · 2025-10-26
Venkata Jyothirmai Pratapa
body2025
DailyLaw.ai
[ 2025 DAILYLAW 58160 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 58160 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010539222025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] MONDAY, THE TWENTY SEVENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 28020/2025 Between:
1. KANDIMALLA SRINIVASA RAO,, S/O- NARASIMHA RAO, AGED ABOUT 57 YEARS, R/O- 6-58/2, JAGGIAHPETA, NTR DISTRICT. ...PETITIONER AND
1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI AMARAVATI, GUNTUR DISTRICT. 2. THE COMMISSIONER OF POLICE, NTR COMMISSIONERATE, VIJAYAWADA, NTR DISTRICT. 3. THE ASSIATANT COMMISSIONER OF POLICE, NANDIGAMA SUB- DIVISION, NANDIGAMA, NTR DISTRICT. 4. THE STATION HOUSE OFFICER, PENUGANCHIPROLU POLICE STATION, PENUGANCHIPROLU, NTR DISTRICT. 5. KANDIMALLA VENKATA RAMA RAO, S/O- GOPALA RAO, AGED ABOUT 48 YEARS
R/O- VENKATAPURAM VILLAGE, PENUGANCHIPROLU MANDAL, NTR DISTRICT. 6. KANDIMALLA ANNAPURNA, W/O- VENKATA RAMA RAO, AGED ABOUT 40 YEARS
R/O- VENKATAPURAM VILLAGE, PENUGANCHIPROLU MANDAL, NTR DISTRICT. 7. KANDIMALLA MOHANA SAI, S/O- VENKATA RAMA RAO, AGED ABOUT 22 YEARS
R/O- VENKATAPURAM VILLAGE,
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PENUGANCHIPROLU MANDAL, NTR DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner:
1. VELADI SAI SRI HARSHA Counsel for the Respondent(S):
1. GP FOR HOME
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THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 28020 of 2025 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 writ of Mandamus to declare the action of the Respondent No.4 in not registering the FIR in pursuant to the complaint dated 16-09-2025 made by the Petitioner for the offences under sections 109, 351 of BNS against Respondent No.5 to 7 even in spite of the contents of the complaint clearly disclose the commission of the cognizable offences as arbitrary, illegal and contrary to section 173 of BNSS and consequently direct the Respondent No.4 to register the FIR in pursuant to the complaint dated 16-09-2025 made by the Petitioner for the offences under sections 109, 351 of BNS against Respondent No.5 to 7 forthwith and proceed with the investigation in accordance with law in the interest of justice.…”
2. Heard Sri Veladi Sai Sri Harsha, learned counsel for the petitioner and Sri V.Farooq, learned Assistant Government Pleader for Home for the respondents. 3.
Learned Assistant Government Pleader for Home for the official respondents, on written instructions, would submit that basing on the complaint of the 7th respondent, a case has been registered against the petitioner in Cr.No.192 of 2025 for the offences punishable under Sections 126(2) and 118(1) of BNS on 17.09.2025. He would further submit that only to overcome the said case, the petitioner has made a complaint. On enquiry, the
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police found it as false. So, they have not registered any crime on the representation of the petitioner. 4. Recording the above said submissions, this Writ Petition is disposed of. However, the petitioner is at liberty to workout 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: 27.10.2025. UPS
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HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA
W.P.No.28020 of 2025
Dated.27.10.2025
UPS
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