Gongal Reddy Sesha Reddy, v. State of Andhra Pradesh
WP/4008/2025 · 2025-03-03
Harinath N
body2025
DailyLaw.ai
[ 2025 DAILYLAW 7121 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 7121 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010069792025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] MONDAY ,THE THIRD DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 4008/2025 Between: Gongal Reddy Sesha Reddy, ...PETITIONER AND State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner:
1. C SUBODH Counsel for the Respondent(S):
1. GP FOR HOME The Court made the following Order:
1. The petitioner is challenging the in-action on part of the respondent Nos.2 and 3 in not registering the crime on the complaint submitted by the petitioner dated 27.01.2025 and
05.02.2025. It is submitted that the 4th respondent had issued two cheques for an amount of Rs.29,00,000/- and Rs.25,00,000/- towards the amounts repayable to the petitioner and that the cheques were dishonoured with an endorsement funds insufficient. The petitioner had filed CC.No.2038 of 2023 and CC.No.2037 of 2023 on the file of V Additional Magistrate of First Class, Nellore for the offence punishable under Section 138 of NI Act. It is alleged that the respondent Nos.4 to 6 have trespassed into house of respondents on 27.01.2025 at
WP.No.4008 of 2025 10.00AM along with 25 members and threatened to kill the petitioner. Threats were also held out to implicate the petitioner in false cases. The petitioner called police and that on seeing the police, the said trespassers have left the house of the petitioner. The petitioner filed a complaint before the 3rd respondent and that the 3rd respondent has not taken up any action.
2. The learned Assistant Government Pleader submits that a preliminary enquiry was conducted and that there was no prima facie case made out which required further investigation and as such in terms of the provisions of Section 173 of BNSS (3)(i). The police have completed preliminary enquiry and found no grounds to register a case.
3. Considering the submissions of the learned Assistant Government Pleader no further orders are required in this case and hence the writ petition is disposed off, leaving it open to the petitioner to take steps before the competent Magistrate Court. No costs Pending miscellaneous petitions, if any, shall stand closed.
____________________ JUSTICE HARINATH.N KGM
WP.No.4008 of 2025 62 HONOURABLE SRI JUSTICE HARINATH.N
WRIT PETITION No.4008 of 2025 Date: 03.03.2025
KGM