Research › Search › Judgment

High Court of Andhra Pradesh · body

2026 DAILYLAW 17896 (AP)

NEELA SIVAJI v. The State of Andhra Pradesh

WP/5450/2026 · 2026-03-04

Y Lakshmana Rao

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010099552026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] THURSDAY,THE FIFTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO: 5450/2026 Between: 1. NEELA SIVAJI, S/O SURYANARAYANA, HINDU, AGED ABOUT 46 YEARS, SHOP AT 9-45, RAMALAYAM ROAD, MOGALTURU, WEST GODAVARI DISTRICT. PERMANENT RESIDENT OF D.NO. 16/384-2, PAMUR ROAD, GUDIVADA, KRISHNA DISTRICT ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPLE SECRETARY, HOME DEPARTMENT, SECRETARIAT BUILDING, SECRETARIAT, VELAGAPUDI, AMARAVATHI, ANDHRA PRADESH 522237 2. STATION HOUSE OFFICER, NARASAPURAM RURAL PS,WEST GODAVARI DISTRICT 534275 3. KALLUKURI JEJI BABU, S/O KRISHNA MURTHY, R/O D.NO. 17-63, PETAPALEM, MOGALTURU, WEST GODAVARI DISTRICT 534281 4. PUVVADA VENKATA LAXMI NARASIMHA SESHAGIRI, S/O KANAKAMANIKYAM, HINDU, AGED ABOUT 55 YEARS, R/O D.NO. 9-45, RAMALAYAM ROAD, MOGALTURU, WEST GODAVARI DISTRICT 534281 ...RESPONDENT(S): Counsel for the Petitioner: P V RAGHU RAM 2 Dr. YLR, J W.P.No.5450 of 2026 Dated 05.03.2026 Counsel for the Respondent(S): GP FOR HOME The Court made the following: ORDER: The Writ Petition has been filed under Article 226 of the Constitution of India seeking the following relief:- “…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 any writ or direction or order, more particularly one in the nature of writ of mandamus declaring the inaction of the 2nd Respondent in registering FIR against 3 Respondent on complaint dated 05-02-2026 by the petitioner as illegal, arbitrary, un constitutional and violative of articles 14 and 21 of Constitution of India and consequently direct the 2nd Respondent to give police protection to the petitioner forthwith for taking wood quarring machine from the premises of 4th Respondent and pass….” 2. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader. 3. Sri P.V. Raghu Ram, learned counsel for the petitioner, submits that the respondent No.2 has not registered an FIR pursuant to the complaint dated 05.02.2026 filed by the petitioner against the respondent No.3, despite the contents of the complaint clearly disclosing the commission of cognizable offences. 4. Sri P. Ajay Babu, learned Assistant Government Pleader, on written instructions, submits that no such complaint has been received by the police. 3 Dr. YLR, J W.P.No.5450 of 2026 Dated 05.03.2026 5. Be that as it may, the petitioner has sent the complaint in registered post which was duly acknowledged by the respondent No.2. 6. Considering the above facts and circumstances of the case, and upon recording the submissions of the learned Assistant Government Pleader, the writ petition is disposed of with a direction to Respondent No. 2 to register the complaint dated 05.02.2026 submitted by the petitioner, if it discloses a cognizable offence. If the complaint does not disclose a cognizable offence, Respondent No. 2 shall proceed in accordance with law. If the complaint dated 05.02.2026 is not readily available with Respondent No. 2, the petitioner shall submit a fresh complaint to Respondent No. 2 within a period of two (2) weeks from the date of receipt of a copy of this order. Upon receipt of such complaint, Respondent No. 2 shall proceed in accordance with law within a period of three (3) weeks thereafter. There shall be no order as to costs. As a sequel, Miscellaneous petitions, if any pending, shall stand closed. _________________________ DR. Y. LAKSHMANA RAO, J Date: 05.03.2026 PBS 4 Dr. YLR, J W.P.No.5450 of 2026 Dated 05.03.2026 234 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO: 5450 of 2026 Date: 05.03.2026 PBS