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2025 Supreme(Online)(AP) 13940

HIGH COURT OF ANDHRA PRADESH
VENKATA JYOTHIRMAI PRATAPA, J
DHARAMANA TAVITAYYA – Appellant
Versus
THE STATE OF ANDHRA PRADESH – Respondent
Writ Petition No: 20443/2025



Advocates:
For the Appellants/Petitioners: CHAITANYA PALISETTY
For the Respondents: GP FOR HOME

The failure to register an FIR is justified where there is insufficient evidence of a cognizable offence, aligning with constitutional rights.

Headnote:Statute: The Writ Petition filed under Article 226 of the Constitution of India raises allegations of failure to register a First Information Report (FIR) in violation of Articles 14 and 21 of the Constitution and references to Lalita Kumari v Government of Uttar Pradesh. Facts: The petitioner claimed the respondents failed to register FIRs on complaints from June 10 and June 24, 2025, despite being cognizable offences. The Court found no representation from the petitioner and determined there was no substantial evidence for registering FIRs, following the respondents' inquiry. Findings: The petitioner retains the right to seek remedies through appropriate channels of law.

Issues: The central issue framed by the court involves the legality of the respondents' inaction regarding FIR registration.

Ratio Decidendi: The court reasoned that without evidence of a cognizable offence, their actions could not be deemed illegal or arbitrary.

Result: The Writ Petition is disposed of, and the petitioner may pursue alternative legal remedies.

Table of Content
1. writ petition context regarding fir registration. (Para 1)
2. absence of representation highlights procedural shortcomings. (Para 2)
3. lack of evidence leads to dismissal of the petition. (Para 3 , 4)
4. reference to alternative remedies allowed. (Para 5)

ORDER:

This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for:

“.... a WRIT OF MANDAMUS declaring the action of the Respondents in not taking further steps in registering the F I R on the petitioners complaint Dt 10 06 2025 and 24 06 2025 inspite of repeated requests though it is a cognizable offence as nothing but illegal arbitrary highhanded and violative of fundamental and constitutional rights guaranteed under articles 14 and 21 of the Constitution of India and also contrary to the Judgment in Lalita Kumari v Government of Uttar Pradesh rendered by the Honlole Supreme Court of India and consequently direct the Respondents to take action by registering the F I R on the petitioners complaint Dt 10

06 2025 and 24 06 2025”

2. Today, when the matter is taken up for hearing, there is no representation for the petitioner.

3. Sri Md.Farooq, learned Assistant Government Pleader for Home, on written instructions, would submit that the PGRS application is closed on the ground that there is no breaking of lock and Iron Almarah in the house and the police have not seen any kind of offence in the house as stated by the petitioner.

4. For ready reference, the written instructions are extracted hereunder:

“I further submit that I personally enquired in the village in the presence of the neighbors of the petitioners Tangi Tarakeswararao, s/o Appalaramanna and Muddada Srinu are opened that not seen the synonyms in the house and nobody come forward to speak about the issue.

Hence, I pray the Superintendent of Police, Srikakulam with requesting that there is no need to take action against the petition of the petitioner as there is no Synonyms in the house of the petitioner. ”

5. In that view, the Writ Petition is disposed of. However, the petitioner is at liberty to work out his remedies before the appropriate forum, in accordance with law. There shall be no order as to costs.

As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed.

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