APHC010341552026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE 5th DAY OF AUGUST 2026 PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 18175 OF 2026 Between: 1. TORLIKONDA HEMANTH KUMAR, S/o. Sri Torlikonda Durga Prasad Rao, Aged about 31 years, R/o. D.N0.59A-7-32/1A, Plot No.52, 2nd Lane, Near Sai Baba Temple, Behind Maris Stella College, RTC Colony, Vijayawada Urban, Vijayawada, Andhra Pradesh - 520008. ...Petitioner AND 1. THE STATE OF ANDHRA PRADESH, represented by its , Principal Secretary, Home Department, Secretariat, Velagapudi Amaravati, Guntur District - 522503. 2. The Director General of Police, Andhra Pradesh, Mangalagiri, Guntur District - 522503. 3. The Commissioner of Police, Vijayawada Commissionerate, Vijayawada, Krishna District - 520001. 4. The Station House Officer, Krishna Lanka Police Station, Vijayawada Krishna District - 520013. ...Respondents 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 2 pleased to issue a Writ of Mandamus or any other appropriate writ, order or direction declaring the inaction of Respondent No.4 in not registering a First Information Report on the complaint dated 28.09.2025 submitted by the petitioner despite disclosure of cognizable offences as illegal, arbitrary. violative of Articles 14 and 21 of the Constitution of India and contrary to the provisions of the Code of Criminal Procedure, and consequently direct the respondents to forthwith register an FIR on the petitioners complaint dated 28.09.2025, preserve and secure all CCTV footage and other electronic evidence available at the premises of Brunit The Brewery relating to the incident, conduct a fair, impartial and expeditious investigation against all persons responsible, including the management and valet staff of Brunit The Brewery and the unknown imposter who unlawfully obtained the vehicle and caused the fatal accident, and pass 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 Respondent No.4 immediately preserve, secure and seize the CCTV footage, DVR recordings, valet parking registers, digital logs and all other electronic evidence available at Brunit The Brewery relating to the incident that occurred during the night of 27/28.09.2025 and further direct Respondent No.4 to register the FIR on the petitioner's complaint forthwith, pending disposal of the above writ petition and pass Counsel for the Petitioner: M. SAPTHAGIRI Counsel for the Respondents: GP FOR HOME 3 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION No.18175 of 2026 The Court made the following O R D E R: Instant Writ Petition has been filed under Article 226 of the Constitution of India seeking the following relief: “to issue a Writ of Mandamus or any other appropriate writ, order or direction, declaring the inaction of Respondent No.4 in not registering a First Information Report on the complaint dated 28.09.2025 submitted by the petitioner despite disclosure of cognizable offences as illegal, arbitrary, violative of Articles 14, 21 of the Constitution of India and contrary to the provisions of the Code of Criminal Procedure, and consequently direct the respondents to forthwith register an FIR on the petitioner’s complaint dated 28.09.2025, preserve and secure all CCTV footage and other electronic evidence available at the premises of Brunit The Brewery relating to the incident, conduct a fair, impartial and expeditious investigation against all persons responsible, including the management and valet staff of Brunit The Brewery and the unknown imposter who unlawfully obtained the vehicle and caused the fatal accident, and pass” 2. Conspectus of facts in the present Writ Petition is that, despite the petitioner’s complaint to the police personnel, the respondent police are not acting upon the same by registering an FIR, thereby lodging criminal proceedings 4 3. Learned Assistant Government Pleader for Home basing on the Written Instructions dated Nil August, 2026 of the Sub-Inspector of Police, Krishnalanka Police Station, Vijayawada City submits that basing on the petitioner's complaint dated 28.09.2025, police registered FIR in Crime No.174 of 2025, dated 28.09.2025 of Krishnalanka Police Station for the offences punishable under Sections 106(1), 125(a) of Bharatiya Nyaya Sanhita, 2023. 4. Learned Assistant Government Pleader has also brought to the notice of this Court the relevant paras in written instructions dated Nil August, 2026 which reads as under: “It is further submitted that, during the investigation, the management of Brunit the Brewery produced CCTV footage clippings. The said footage clearly shows the petitioner, his friends, the accused and the accused’s friends sitting together at the same table and consuming liquor prior to the incident. The CCTV footage and witness statements conclusively establish the acquaintance and association between the petitioner and the accused, thereby falsifying the petitioner’s claim that the accused was an “unknown imposter”. Therefore, it is submitted that the petitioner, with an ulterior motive to disown his connection with the accused and to avoid any adverse consequences arising out of the incident, has deliberately suppressed material facts and filed the present writ petition by projecting a false version that the accused was an unknown person. The petitioner has also sought to attribute exclusive liability to the pub management and valet staff with an apparent intention to distance himself from the events leading to the accident.” Emphasis supplied 5. At that juncture, learned counsel for the petitioner seeks permission of this Court to withdraw the present Writ Petition with liberty to pursue appropriate legal remedies in accordance with the law. 6. Accordingly, this Writ Petition is dismissed as withdrawn, only in view of suppression of facts in the writ affidavit by the petitioner; furthermore, in spite 5 of registering the FIR in Crime No.174 of 2025 of Krishnalanka Police Station dated 28.09.2025, without verifying primary facts, also added to that alleging attributions to the police. 7. Accordingly, Writ Petition is dismissed without granting any liberty. Interlocutory applications, if any, pending shall stand closed. ______________________________ MAHESWARA RAO KUNCHEAM, J Dated:05.08.2026 krk 6 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM 130 W.P.No.18175 of 2026 krk Dt: 05.08.2026