APHC010381302021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3327] TUESDAY, THE THIRTY FIRST DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY WRIT PETITION NO: 23465/2021 Between: 1. SMT TAMMISETTY YUVARANI, W/O SURYAM, R/O. 33-29/D, NEW SHAPUR NAGAR, QUTUBULLAPUR, RANGAREDDY, TELANGANA. ...PETITIONER A N D 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT, AMARAVATI. 2. THE DIRECTOR GENERAL OF POLICE, AMARAVATHI. 3. THE SUPERINTENDANT OF POLICE, WEST GODAVARI DISTRICT, ELURU. 4. THE STATION HOUSE OFFICER, BHIMAVARAM I TOWN POLICE STATION. 5. ALLA KRISHNA BHAGAVAN, SHO, BHIMAVARAM I TOWN POLICE STATION. ...RESPONDENT(S): 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 a) Issue an appropriate Writ/Order or Direction more particularly in the nature of Writ of Madamus, and declaring the action of the Respondent No.4 in registering the FIR No. 278 of 2020 pending on the file of Bhimavaram I Town Police Station as illegal Contrary to the directions and provisions of law B)Direct Respondent No.4 to register an FIR by implementing the Order dated 01-02-2021 in SR No. 3777 of 2020 passed by Learned II Additional Judicial First Class Magistrate, Bhimavaram to subserve the cause of justic C)Pass such SRK, J W.P.No.23465 of 2021 2 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 to intervene and issue interim Orders to Respondent No.2 to produce CCTV footage dated 16¬09-2020 time around 02:OOPM to 03:OOPM either in electronic form or Print form and also direct Respondent No.3 to produce CCTV footage dated 16-09¬2020 time around 10:30 AM to 01:30 PM either in electronic form or Print form and also direct Respondent No.4 to produce CCTV footage dated 14- 09-2020 time around 11: 30 AM to 06:OOPM, and dated 15-09-2020 time around 09:00 AM to 08:OOPM either in electronic form or Print form during the pendency of this case before this Hon'ble court and pass 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 stay the investigation in Crime No. 278 of 2020, during the pendency of this case and to pass such Counsel for the Petitioner: 1. PRUDVI RAJU MUDUNURI Counsel for the Respondent(S): 1. GP FOR HOME The Court made the following: SRK, J W.P.No.23465 of 2021 3 O R D E R This Writ Petition was filed seeking the following relief: “…to issue a Writ of Mandamus or any other appropriate Writ, Order or direction declaring the action of respondent No.4 in registering the FIR No.278 of 2020 of Bhimavaram I Town Police Station, as illegal, contrary to the directions of the provisions of law and consequently direct respondent No.4 to register an FIR by implementing the Order dated 01.02.2021 in SR No.3777 of 2020 passed by the learned II Additional Judicial Magistrate of First Class, Bhiamvaram to sub-serve the cause of justice and to pass such other order…” 2. It is the case of Writ Petitioner that respondent No.4, instead of registering an FIR based on the typed complaint submitted by her, created a hand written statement of Writ Petitioner while she was in the Police Station on the pretext of inquiry and made her to sign on the said statement, and later, based on the same, registered a case in Crime No.278 of 2020 of Bhimavaram I Town Police Station for the offences punishable under Sections 406 and 420 of the Indian Penal Code, 1860, without her knowledge. Later, the respondents-police called the Writ Petitioner on different occasions and forced her to settle the dispute. Later, the Writ Petitioner filed a complaint, vide S.R.No.3337 of 2020 before the II Additional Judicial Magistrate of First Class, Bhimavaram, and the said Court, vide Order dated 01.02.2021 directed the police concerned to register an FIR. On 01.03.2021 respondent No.4-Police filed memo before the SRK, J W.P.No.23465 of 2021 4 Jurisdictional Court stating that already FIR in Crime No.278 of 2020 was registered on 16.09.2020. It is the contention of Writ Petitioner that the case in FIR No.278 of 2020 was registered without her knowledge and without following her directions. Hence, the Writ Petition. 3. When the matter has come up for hearing, learned Assistant Government Pleader for Home, on written instructions, submits that the Writ Petitioner lodged a complaint on 16.09.2020 alleging that her brother cheated her by obtaining her signature on the false pretext of a loan and by executing a Partition Deed dated 17.12.2015. The complaint was registered as a case in Crime No.278 of 2020 of Bhimavaram I Town Police Station. During investigation, it revealed that the Writ Petitioner, having received her share amount of Rs.2,50,000/- and having given consent voluntarily, with an intention to claim enhanced share and to exert pressure on the brother for monetary gain, got foisted false case. Accordingly, the respondents- police referred the case as False vide C.No.840/SDPO-N/2021, dated 26.11.2021. 4. In view of the fact that on the self-same allegations the said crime was registered and it was referred as False, no orders are required to be passed in the present Writ Petition. SRK, J W.P.No.23465 of 2021 5 5. Accordingly, the Writ Petition is closed. It is needless to mention that if the Writ Petitioner is aggrieved by the same, she is at liberty to avail the remedies in accordance with law. There shall be no order as to costs of the Writ Petition. As a sequel thereto, the miscellaneous applications, if any, pending in this Writ Petition, shall stand closed. ___ __________ JUSTICE K. SREENIVASA REDDY 31st March, 2026. DNB