Dr.VJP,J W.P.No.29970 of 2025 APHC010581812025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY,THE THIRTY FIRST DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 29970 OF 2025 Between: 1. Basina Veera Venkata Suryanarayana, s/o Veerabhadra Rao, Aged about 47 years, Advocate by profession, R/O.FIat.No.101 Crystal Castle, 102 Vasavi Nagar, Patamata Vijayawada - Krishna District. ...Petitioner AND 1. The State of Andhra Pradesh, Rep.by its Principal Secretary, Department of Home, Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The Assistant Commissioner of Police, Central Zone ,Vijayawada City Police Vijayawada. Krishna. ...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 issue writ or order or direction more particularly writ in the nature of Writ of Mandamus declare the act of the respondents filing a report without registration of crime on orders of Magistrate u/s.156(3) Cr.P.C and magistrate court dismissing the complaint on same is unconstitutional, capricious and violation of criminal procedure, therefore set aside the dismissing order dated Dr.VJP,J W.P.No.29970 of 2025 06-10-2025 and consequently direct the trail court to follow the procedure stipulated under Criminal Procedure Code pass such 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 may be pleased to direct the respondents to register the crime on orders of learned magistrate passed u/s 156 (3) Cr.P.C dated 06-10-2025 and file an appropriate report in accordance with Criminal Procedure code forthwith pending disposal of the above writ petition pass such Counsel for the Petitioner: SATHI SNEHA LATHA Counsel for the Respondents: GP FOR HOME Dr.VJP,J W.P.No.29970 of 2025 The Court made the following ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “…to issue writ or order or direction more particularly writ in the nature of Writ of Mandamus declare the act of the respondents filing a report without registration of crime on orders of Magistrate u/s156(3) Cr.P.C and magistrate court dismissing the complaint on same is unconstitutional, capricious and violation of criminal procedure, therefore set aside the dismissing order dated 06-10-2025 and consequently direct the trail court to follow the procedure stipulated under Criminal Procedure Code...” 2. Heard S. Sneha Latha, learned counsel for petitioner and Sri V. Farook, learned Assistant Government Pleader for Home for respondents. 3. Learned counsel or the petitioner submits that the petitioner herein is accused in C.C.No.737 of 2016 on the file of IV Additional Chief Metropolitan Magistrate, Vijayawada for the offences under Sections 354, 506 IPC and Section 66-A of the IT Act. When the trial Court furnished all the documents to the petitioner, he found that there is discrepancy in respect of place of seizure of personal computer and the petitioner lodged a complaint for destroying the data in his computer which was registered as Crime No.868 of 2015 of Patamata Police Station. To that effect, investigation was conducted and it is established that Seizure report/Mahazar report is fabricated and manipulated. After receiving the copy of report, the petitioner filed complaint but no crime was registered. Dr.VJP,J W.P.No.29970 of 2025 Aggrieved by the same, when the petitioner filed a complaint before the learned Magistrate, wherein the said petition was dismissed without following the due procedure, a revision was preferred by the petitioner before this Court and the same was allowed restoring the said petition. Pursuant to the restoration, the complaint was forwarded by the learned Magistrate Court for registering the case and investigation under Section 156(3) Cr.P.C. On that, a report was filed without registering the complaint and examining the witnesses, against which, the petitioner filed a protest petition which was dismissed citing that there is no prima facie case against established. Challenging the same, the petitioner preferred the present Writ Petition to direct the respondents to register the case and investigate the matter by setting aside the dismissal order, dated 06.10.2025. 4. A perusal of the record shows that upon direction from this Court in the Revision preferred by the petitioner, the trial Court restored the petition filed by the petitioner, vide orders, dated 11.04.2025 and forwarded the same for investigation under Section 156(3) Cr.P.C., and for filing of report. Upon the report filed by the police without registering the case, the petitioner filed a protest petition which was dismissed stating that no prima facie case found against the accused therein, which is in accordance with law. This Court does not find any merit in the contention of the petitioner seeking for a direction in a writ petition to set aside the order passed by the learned trial Court which is nothing but abuse of process of law. However, Dr.VJP,J W.P.No.29970 of 2025 the petitioner is at liberty to work out his remedy before appropriate forum, if so aggrieved by the order passed by the trial Court. 5. Accordingly, the Writ Petition is dismissed. As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed. ________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 31.10.2025 Dvs Dr.VJP,J W.P.No.29970 of 2025 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA 269 WRIT PETITION NO: 29970 OF 2025 Date: 31.10.2025 Dvs