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2026 DAILYLAW 5536 (AP)

P. KRISHNA PRASAD v. THE STATE OF ANDHRA PRADESH

WP/17658/2026 · 2026-07-07

Maheswara Rao Kuncheam

body2026

Judgment text

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Date of pronouncement Date of uploading APHC010328512026 IN THE HIGH COURT OF ANDHRA PRADESH WEDNESDAY, THE 8 THE HONOURABLE SRI JUSTICE MAHESWARA RAO WRIT PETITION NO: 17658/2026 Between: 1. P. KRISHNA PRASAD, S/O.LATE P.KANNAIAH, AGED 44 YEARS, R/O D.NO.739, BALAJI NAGAR, TIRUMALA, TIRUPATI MAJARA, TIRUPATI URBAN MANDAL, TIRUPATI DISTRICT 1. THE STATE OF ANDHRA SECRETARY, DEPARTMENT OF HOME AFFAIRS, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT 522238. 2. THE DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, MANGALAGIRI, GUNTUR DISTRICT 3. THE SUPERINTENDENT OF POLICE, CHITTOOR DISTRICT, CHITTOOR - 517501. 4. THE STATION HOUSE OFFICER, CHITTOOR I TOWN POLICE STATION, CHITTOOR, CHITTOOR DISTRICT 5. THE SUB INSPECTOR OF POLICE, CHITTOOR I TOWN POLICE STATION, CHITTOOR, CHITTOOR DIS 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 a writ or order or direction more particularly one in the nature : 08.07.2026 : 18.07.2026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE 8th DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 17658/2026 P. KRISHNA PRASAD, S/O.LATE P.KANNAIAH, AGED 44 YEARS, R/O D.NO.739, BALAJI NAGAR, TIRUMALA, TIRUPATI MAJARA, TIRUPATI URBAN MANDAL, TIRUPATI DISTRICT ...PETITIONER AND THE STATE OF ANDHRA PRADESH, REP BY THE PRINCIPAL SECRETARY, DEPARTMENT OF HOME AFFAIRS, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT THE DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, MANGALAGIRI, GUNTUR DISTRICT - 522503. SUPERINTENDENT OF POLICE, CHITTOOR DISTRICT, 517501. THE STATION HOUSE OFFICER, CHITTOOR I TOWN POLICE STATION, CHITTOOR, CHITTOOR DISTRICT - 517001. THE SUB INSPECTOR OF POLICE, CHITTOOR I TOWN POLICE STATION, CHITTOOR, CHITTOOR DISTRICT - 517001. ...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 issue a writ or order or direction more particularly one in the nature IN THE HIGH COURT OF ANDHRA PRADESH [3504] KUNCHEAM P. KRISHNA PRASAD, S/O.LATE P.KANNAIAH, AGED 44 YEARS, R/O D.NO.739, BALAJI NAGAR, TIRUMALA, TIRUPATI MAJARA, ...PETITIONER PRADESH, REP BY THE PRINCIPAL SECRETARY, DEPARTMENT OF HOME AFFAIRS, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT - THE DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, SUPERINTENDENT OF POLICE, CHITTOOR DISTRICT, THE STATION HOUSE OFFICER, CHITTOOR I TOWN POLICE 517001. THE SUB INSPECTOR OF POLICE, CHITTOOR I TOWN POLICE 517001. ...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 issue a writ or order or direction more particularly one in the nature 2 MRK,J W.P.No.17658 of 2026 of WRIT OF MANDAMUS declaring the latest endorsement/closure proceedings issued by the 5th Respondent/Sub Inspector of Police, Chittoor I Town Police Station, on the complaint submitted by the petitioner on 20-04- 2026 through PGRS vide PGRS ID NO.CTR20260420501, wherein the said complaint was mechanically closed/referred as civil in nature, without conducting proper enquiry, without examining the petitioner, without receiving and verifying the relevant documents, without calling the proposed accused persons, and without registering a crime though the complaint discloses cognizable offences, as illegal, arbitrary, mechanical, contrary to law, violative of Articles 14 and 21 of the Constitution of India and contrary to the settled principles governing registration and investigation of cognizable offences, and consequently set aside the said latest endorsement/closure proceedings issued on the complaint dated 20-04-2026 vide PGRS ID No.CTR20260420501 and direct the Respondents No.3 to 5 to consider the petitioners complaint dated 20-04-2026 afresh, examine the petitioner, receive the relevant documents, register a crime/FIR against the accused persons in accordance with law and conduct fair and proper investigation, and pas IA NO: 1 OF 2026 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 direct the Respondents No.3 to 5 to consider the petitioner’s complaint dated 20-04-2026 submitted through PGRS vide PGRS ID NO.CTR20260420501 afresh, examine the petitioner, relevant documents from him, and take appropriate action in accordance receive the with law on the said complaint, including registration of FIR if the complaint discloses cognizable offences pending disposal of main writ petition and pass Counsel for the Petitioner: 1. VENKATA DURGA RAO ANANTHA Counsel for the Respondent(S): 1. GP FOR HOME 3 MRK,J W.P.No.17658 of 2026 The Court made the following Order: Instant writ petition has been filed under Article 226 of the Constitution of India, seeking the following relief: “…..to issue a writ or order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the latest endorsement/closure proceedings issued by the 5th Respondent/Sub Inspector of Police, Chittoor I Town Police Station, on the complaint submitted by the petitioner on 20.04.2026 through PGRS vide PGRS ID No.CTR20260420501, wherein the said complaint was mechanically closed/referred as civil in nature, without conducting proper enquiry, without examining the petitioner, without receiving and verifying the relevant documents, without calling the proposed accused persons, and without registering a crime though the complaint discloses cognizable offences, as illegal, arbitrary, mechanical, contrary to law, violative of Articles 14 and 21 of the Constitution of India and contrary to the settled principles governing registration and investigation of cognizable offences, and consequently set aside the said latest endorsement/closure proceedings issued on the complaint dated 20.04.2026 vide PGRS ID No.CTR20260420501 and direct the Respondents Nos.3 to 5 to consider the petitioner’s complaint dated 20.04.2026 afresh, examine the petitioner, receive the relevant documents, register a crime/FIR against the accused persons in accordance with law and conduct fair and proper investigation and to pass…..” 2. Today, when the matter is taken up for hearing, learned Government Pleader for Home furnished the written instructions dated 06.07.2026, received from the Inspector of Police, Chittoor I Town Police Station, Chittoor District and submits that, pursuant to the complaint preferred by the petitioner through PGRS vide PGRS No. CTR20260420501, the police conducted an enquiry and referred the matter as being civil in nature. 3. At this juncture, learned counsel for the petitioner seeks permission of this Court to withdraw the present writ petition, with liberty to the petitioner to work out his legal remedies in accordance with law. 4 MRK,J W.P.No.17658 of 2026 4. Permission is accorded. 5. Accordingly, this Writ Petition is dismissed as withdrawn, leaving it open to the petitioner to work out his appropriate legal remedies in accordance with law. There shall be no order as to costs. As a sequel, Interlocutory Applications pending, if any, shall stand closed. ______________________________ MAHESWARA RAO KUNCHEAM, J Dated: 08.07.2026 MDP