APHC010081262025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] FRIDAY, THE TWENTY FIRST DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION No.4383 of 2025 Between: Koneti Ramachandra Raju ...PETITIONER AND State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. MUCHAKAYALA NARAYANA Counsel for the Respondent(S): 1. GP FOR HOME The Court made the following: ORDER: This Writ Petition is filed seeking indulgence of this Court under Article 226 of the Constitution of India to issue a Writ of Mandamus to declare the inaction of respondents particularly respondent No.4 in not registering crime on the complaint of the Petitioner dated 02.09.2024 against the respondents 5 to 9 under the provisions of Bharatiya Nyaya Sanhita 2023 on the file of respondent No.4 and declare the same as illegal, irregular, arbitrary and unjust and amounts to non-discharge of legal obligation conferred on the part of respondents under the provisions of the Bharalya Nagarik Suraksha Sanhitha 2023 and violation of Articles 14, 21 and 300-A of the Constitution of India. 2 2. Heard Sri Muchakayala Narayana, learned counsel for the Petitioner and Sri P.Ajay Babu, learned Assistant Government Pleader for Home appearing for respondents. Perused the material on record. 3. When the matter is taken up, learned Assistant Government Pleader placed on record the Written Instructions dated 21.02.2025 given by the respondent No.4 to the effect that the matter is purely related to the civil in nature. For better appreciation, Written Instructions dated 20.02.2025 is extracted hereunder: It is submitted that, the present writ petitioner has filed the petition in the nature of writ of mandamus declaring the in action of respondents, particularly 4th respondent in not registering the crime on his complaint dated 2.9.2024 against the respondents 5 to 9 under the provisions of Bharathiya Nyaya Sanhitha-2023, on the file of 4th respondent and declare the same as illegal, irregular, arbitrary and un justice and amounts to non-discharge of legal obligation conferred on the part of respondents under the provisions of the Bharathiya Nyaya Sanhitha-2023 and offends Articles 14,21 and 300-A of the Constitution of India and pass other or orders as this Hon'ble court may deem fit and proper in the circumstance of the case. It is submitted that, the present writ petitioner previously filed a petition in the nature of writ of mandamus vide writ petition number 25104 OF 2024 before this Hon'ble court, with the same subject matter, for that we filed instructions before this Hon'ble court. It is submitted that, the main grievance of the writ petitioner is that the petitioner is having an extent of Ac.3.89 Cents of house site property covered by Survey No.60/1 and same was situated in at Ramapuram village in Pichatur Mandal of Tirupathi District. The respondents 5 to 9 who are belongs to the village of petitioner at Ramapuram intentionally, known fully and having evil intention encroached the pathway passing on the south side of the street and thereby got installed the septic tank, water tank and encroached the asbestos roof in his absence, while the petitioner was at Tirupati and in order to make trouble to him. On 28.8.2024 at about 11 AM while the petitioner along with his workers went to his house site, the respondents 5 to 9 scolded the petitioner and his worker, attack on them. 3 It is submitted that, on 2.9.2024 the petitioner reported the above incident before 4th respondent herein to take penal action on the respondents 5 to 9, but received his complaint and didn't initiate any action against the respondents 5 to 9 till now. It is submitted that the facts of the case is that the petitioner has given a representation in the PGRS Portal vide Petition ID No.JRPI/PCTR/020924/00031 dated 02.09.2024 and further after receipt of the same was endorsed to the SHO Pichatur PS for taking necessary action in accordance of law, and further the SHO Pichatur has called the both the parties for preliminary enquiry, further the both the parties are appeared before the SHO Pichatur and after conducting the enquiry as the matter is purely related to the civil disputes in respect of the encroachments and also it came to light that, no attacks were taken place on the alleged date of offence, except the wordy altercation between both parties regarding the pathway, hence the respondent police has advised, both the parties to settle the matter amicable or approach the concerned revenue official for removal of encroachments. The respondent police didn't receive any report in favour of the petitioner from the revenue officials that the pathway was encroached by the respondents. It is respectfully submitted that all the allegations leveled by the petitioners herein against the respondent police are incorrect, baseless and are misconceived as such the allegations are denied herewith, and all the allegation are invented only for filing the present writ petition. For the reasons stated above, it is, therefore, prayed that this Hon'ble Court may be pleased to dismiss the writ petition as against this respondent police and to pass such other order or orders as this Hon'ble Court may deem fit and proper in the interest of justice 4. Learned counsel for the Petitioner would submit that the Court may pass appropriate orders. 5. In that view, the Writ Petition is disposed of. No order as to costs. Pending applications, if any, shall stand closed. DR.JUSTICE VENKATA JYOTHIRMAI PRATAPA Mjl/* 4 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA Writ Petition No. 4383 of 2025 21.02.2025 Mjl/*