HIGH COURT OF ANDHRA PRADESH
Y. LAKSHMANA RAO, J
KATIKALA SHIVABHAGYA RAO – Appellant
Versus
THE STATE OF ANDHRA PRADESH – Respondent
WRIT PETITION NO: 35896/2025
| Table of Content |
|---|
| 1. facts surrounding registration of firs. (Para 1 , 2 , 3 , 4 , 5) |
| 2. arguments regarding the illegality of multiple firs. (Para 6 , 7 , 8 , 10) |
| 3. court's observations on case law regarding firs. (Para 12 , 13 , 21) |
| 4. ratio decidendi concerning the impermissibility of multiple firs. (Para 14 , 15 , 16 , 17 , 18) |
| 5. final ruling on consolidating cases. (Para 23 , 24 , 25) |
ORDER
The Writ Petition has been filed under Article 226 of the Constitution of India seeking the following relief:-
“…to issue a Writ order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in registering multiple FIRs vide FIR No 85 of 2025 on the file of Dwaraka Police Station Visakhapatnam District FIR No 215 of 2025 on the file of Gopalapatnam Police Station Visakhapatnam District FIR No 222 of 2025 on the file of II Town Police Station Visakhapatnam District arising out of the same and a similar offence/incident based on the same set of allegations in FIR No 166 of 2025 dated 22/04/2025 on the file of Duvvada Police Station Visakhapatnam Commissionerate and not clubbing all FIRs as illegal arbitrary violation of Principles of Natural Justice violation ofArticles 14 and 21 of the Constitution of India and violation of various precedents laid down by the Honble Apex Court and this Honble Court and consequently direct the Respondents to club all the pending FIRs registered against the Petitioner with FIR No 166 of 2025 dated 22/04/2025 on the file of Duvvada Police Station Visakhapatnam District to ensure fair and thorough investigation bythesingle investigation agencyandpass….”
2. The Writ Petition is filed by the Petitioner, aged about 65 years, who has been arrayed as Accused No.2 in Crime No.166 of 2025, registered on 22.04.2025 at Duvvada Police Station, Visakhapatnam Commissionerate, for the offences punishable under Sections 406 , 411, 414 and 120-B read with Section 34 of the Indian Penal Code, 1860 (for brevity ‘the I.P.C’), and Sections 21 (1), 21(2), 21(3) and 23 of the Banning of Unregulated Deposit Schemes Act (for brevity ‘the BUDS Act’), and Sections 3 and 4 of the Prize Chits and Money Circulation Schemes (Banning) Act .
3. At the behest of one Peerubandi Prakasa Rao, the de-facto complainant, a case in Crime No.85 of 2025 was registered by the Station House Officer, Dwaraka Police Station, Visakhapatnam Commissionerate, on 01.05.2025 for the very same offences, namely, under Sections 406 , 411, 414 read with Section 34 of ‘the IPC .,’ and 120-B of ‘the .,’ Sections 21 (1), 21(2), 21(3) and 23 of ‘the BUDS Act.,’ and Sections 3 and 4 of the Prize Chits and Money Circulation Schemes (Banning) Act (for brevity ‘the PC & MCSBA’), in which also the petitioner was shown as Accused No.1.
4. At the behest of Chikati Chiranjeevi Rao, a report was lodged before the Gopalapatnam Police Station, Visakhapatnam Commissionerate on 07.08.2025 as a case in Crime No. 215 of 2025 for offences punishable under Sections 420, 406, 411, 414 read with Section 34 of ‘the I.P.C.’ 120-B of ‘the I.P.C.,’ Sections 21 (1)(2)(3), 23 of ‘the BUDS Act’, and Sections 3 , 4 of ‘the PC & MCSBA’. This FIR also contained allegations identical to those in the earlier FIRs, concerning the same alleged irregularities in deposits of the Sneha MACS Society.
5. Subsequently, on 03.12.2025, while the Petitioner was released from custody in FIR No.215 of 2025, he was again arrested and remanded by the learned Jurisdictional Magistrate on the remand report submitted by the II Town Police Station, Visakhapatnam Commissionerate, which registered Crime No.222 of 2025. This FIR was registered with similar allegations under provisions of ‘the I.P.C.,’ ‘the BUDS Act’, and ‘the PC & MCSBA’, again arising out of the same alleged irregularities in deposits of the Sneha MACS Society.
6. Sri N.Subba Rao, learned Senior Counsel appearing on behalf of Sri Bhuvanagiri Subramanya Kumar, learned Counsel for the Petitioner, submits
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