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2025 DAILYLAW 58178 (AP)

SIVA RAMI REDDY v. The State of Andhra Pradesh

WP/26705/2021 · 2025-10-26

Venkata Jyothirmai Pratapa

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Judgment text

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APHC010424552021 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) MONDAY,THE TWENTY SEVENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 26705 OF 2021 Between: 1. SIVA RAMI REDDY, S/o Veera Reddy, aged about 52 yrs, OCC. Business, R/o. H.No.8-11, Kothapeta, Dhone,Kurnool Dist. 2. R.V.Ranga Reddy, S/o. Peddi Reddy aged about 57 yrs, OCC.Business, R/o. H.No.8-11, Kothapeta, Dhon 3. Challa Ballanna, S/o. Pedda Maddaiah aged about 43 yrs, Occ.Business, R/o. H.No.8-11, Kothapeta, Dhone,Kurnool Dist. 4. G.K. Bhasker, S/o G.Kistanna aged about 38 yrs, Occ.Municipality Lineman, R/o. H.No.8-11, Kothapeta, Dhone,Kurnool D 5. J. Srinivasulu, S/o J.C.Munnaiah aged about 47 yrs, Occ.Business, R/o. H.No.8-11, Kothapeta, Dhone,Kurnool Dist. 6. Venkata Subbaiah, S/o Rama Subbaiah aged about 62 yrs, Occ.Business, R/o. H.No.8-11, Kothapeta, Dhone,Kurnool Dist. 7. Duduvalli, S/o.Malamsubani aged about 30 yrs, Occ.Business, R/o. H.No.8 11, Kothapeta, Dhone,Kurnool Dist. 8. Sriramulu, S/o Anjaneyulu aged about 54 yrs, Occ.Business, R/o. H.No.8 11, Kothapeta, Dhone,Kurnool Dist. IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY,THE TWENTY SEVENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA PETITION NO: 26705 OF 2021 1. SIVA RAMI REDDY, S/o Veera Reddy, aged about 52 yrs, OCC. Business, 11, Kothapeta, Dhone,Kurnool Dist. 2. R.V.Ranga Reddy, S/o. Peddi Reddy aged about 57 yrs, OCC.Business, 11, Kothapeta, Dhone,Kurnool Dist. 3. Challa Ballanna, S/o. Pedda Maddaiah aged about 43 yrs, Occ.Business, 11, Kothapeta, Dhone,Kurnool Dist. 4. G.K. Bhasker, S/o G.Kistanna aged about 38 yrs, Occ.Municipality 11, Kothapeta, Dhone,Kurnool Dist. 5. J. Srinivasulu, S/o J.C.Munnaiah aged about 47 yrs, Occ.Business, R/o. 11, Kothapeta, Dhone,Kurnool Dist. 6. Venkata Subbaiah, S/o Rama Subbaiah aged about 62 yrs, Occ.Business, 11, Kothapeta, Dhone,Kurnool Dist. o.Malamsubani aged about 30 yrs, Occ.Business, R/o. H.No.8 11, Kothapeta, Dhone,Kurnool Dist. 8. Sriramulu, S/o Anjaneyulu aged about 54 yrs, Occ.Business, R/o. H.No.8 11, Kothapeta, Dhone,Kurnool Dist. IN THE HIGH COURT OF ANDHRA PRADESH MONDAY,THE TWENTY SEVENTH DAY OF OCTOBER THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA 1. SIVA RAMI REDDY, S/o Veera Reddy, aged about 52 yrs, OCC. Business, 2. R.V.Ranga Reddy, S/o. Peddi Reddy aged about 57 yrs, OCC.Business, 3. Challa Ballanna, S/o. Pedda Maddaiah aged about 43 yrs, Occ.Business, 4. G.K. Bhasker, S/o G.Kistanna aged about 38 yrs, Occ.Municipality 5. J. Srinivasulu, S/o J.C.Munnaiah aged about 47 yrs, Occ.Business, R/o. 6. Venkata Subbaiah, S/o Rama Subbaiah aged about 62 yrs, Occ.Business, o.Malamsubani aged about 30 yrs, Occ.Business, R/o. H.No.8- 8. Sriramulu, S/o Anjaneyulu aged about 54 yrs, Occ.Business, R/o. H.No.8- 9. T.Madhavudu, S/o. Narasimhudu aged about 45 yrs, Occ.Cultivation, R/o. H.No.8-11, Kothapeta, Dhone,Kurnool Dist. 10. Maddanna, S/o. Not Known, aged about 50 yrs, Occ.Cultivation, R/o. H.No.8-11, Kothapeta, Dhone,Kurnool Dist. 11. Y.Nirmala Devi, W/O.Y Sri Ramulu, Aged about 45 yrs, Occ.Housewife, H.No.8-11, Kothapeta, Dhone,Kurnool Dist. 12. M.Ramya and J Bhaskar, H.No.10-11,Tarakarama Nagar, Dhone, Kurnool Dist. 13. J Srinivasulu, S/O J. Munaiah, Aged about 48 yrs, Occ. Business H.No.8- 11, Kothapeta, Dhone, Kurnool Dist. ...Petitioners AND 1. The State of Andhra Pradesh, being represented by its Principal, Secretary, Home Department, Secretariat, Velagapudi. District Guntur AP. 522503, 2. The Superintendent of Police, District Kurnool, Kurnool 518001 AP. 3. The Deputy Superintendent of Police, Mandal Dhone, Dhone,Kurnool 518222. 4. The Circle Inspector of Police, (Rural), P.S.Dhone, Kurnool 518222. 5. The Station House Officer, (Rural), P.S.Dhone, Kurnool 518222. 6. J Jashuva Chairman, M/S.Vardhan Multi State Co-operative Society Ltd, Tadepalli, Dist. Guntur. 585304. 7. M Sunkanna, S/o. M.Madanna, Aged about 60yrs, Occ. business, Village Mallampalle, Mandal Dhone, District Kurnool 518222. 8. M/S Vardhan Multi State Cooperative Society Ltd, Being represented by its Chalrman,Tadepalli Dist. Guntur. 585304. 9. The Branch Manager, HDFC bank, Branch at Duragaiah Street, Prakasam Road,Vijayawada-520 002. ...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 may be pleased to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the inaction of the respondents 2, 3, 4 and 5 in registering the crime against the 6 and 7 unofficial respondents, for onward investigation, as per petitioners allegations made in their complaint dated 23-06-2021, as arbitrary, unjustified, contrary to the obligations as per articles 14, 21 and 300(A) of constitution of India, provisions of Indian penal code and )13,yo criminal procedure code consequently to direct the respondents 2,3,4,5 register crime as per petitioners complaint dated 23-06-2021, for onward investigation forthwith and pass such other order or orders as this Honourable Court may deem fit and proper in the circumstances of the case. IA NO: 1 OF 2021 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 may be pleased to direct the 2nd respondent to instruct the 5th resporident to register the crime against the 6 and 7 unofficial respondents, for onward Investigation, as per the allegations of the petitioners made in their complaint dated 23-06-2021 forthwith, and passes such IA NO: 2 OF 2021 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 permit the petitioners to amend the pleadings of the affidavit in Page wise in the interest of justice and pass such Counsel for the Petitioners: NAGESWARA RAO TURAGA Counsel for the Respondents: GP FOR HOME The Court made the following order: THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 26705 OF 2021 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “…may be pleased to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the inaction of the respondents 2, 3, 4 and 5 in registering the crime against the 6 and 7 unofficial respondents, for onward investigation, as per petitioners allegations made in their complaint dated 23-06- 2021, as arbitrary, unjustified, contrary to the obligations as per articles 14, 21 and 300(A) of constitution of India, provisions of Indian penal code and )13,yo criminal procedure code consequently to direct the respondents 2,3,4,5 register crime as per petitioners complaint dated 23-06-2021, for onward investigation forthwith and pass such other order or orders as this Honourable Court may deem fit and proper in the circumstances of the case..…” 2. None represented for the petitioners. 3. This petition is filed challenging the in action of the police in not registering the crime basing on the complaint of the petitioners. 4. When the matter is taken up for hearing, Sri V. Farooq, learned Assistant Government Pleader for Home appearing for the respondents, would submit that a counter has been filed in this matter, and since the subject dispute pertains to financial transactions, no crime was registered on the complaint made by the petitioners. 5. Recording the same, this Writ Petition is disposed of. However, the petitioners are at liberty to recourse their remedies before appropriate forum according to the 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. KKV HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.26705 of 2021 Dated.27.10.2025 KKV 314 HIGH COURT OF ANDHRA PRADESH:: AMARAVATI MAIN CASE NO.: W.P.No.26705 of 2021 PROCEEDING SHEET Sl. No. Date ORDER OFFICE NOTE 27.10.2025 Dr.VJP,J This Writ Petition is disposed of. (vide separate order) ________ Dr.VJP,J KKV