APHC010226482019 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3368]

(Special Original Jurisdiction)

THURSDAY, THE EIGHTEENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI WRIT PETITION NO: 10007/2019 Between:

1. BHEEMARASETTI RAMANA BABU, S/O LATE CHINA VENKU NAIDU, AGED ABOUT 60 YEARS, D.NO. 54-12-33/3, BHANU NAGAR, BACK SIDE OF V.S. KRISHNA COLLEGE, H.B.COLONY, MADHILAPALEM, VISAKHAPATNAM.

...PETITIONER AND

1. THE STATE OF ANDHRA PRADESH, REP BY PRINCIPAL SECRETARY (HOME) DEPT. SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT.

2. THE COMMISSIONER OF POLICE, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT.

3. THE STATION HOUSE OFFICER, DWARAKANAGAR POLICE STATION, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT.

4. KANDITALLI NAGAMANI, W/O LATE APPA RAO, AGED ABOUT 48 YEARS, D.NO. 29-26-6, OLD JAIL ROAD, GOLLAPALEM, VISAKHAPATNAM.

5. G RAVI RAJU, S/O NOT KNOWN TO THE PETITIONER, AGED ABOUT 56 YEARS, EX CORPORATOR, MADHURA NAGAR, VISAKHAPATNAM.

...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, order or direction especially in the nature of Writ of Mandamus or any other appropriate writ declaring the action of the respondents 2 and 3 in not registering F.I.R against 4th and 5th respondents and there men, on the complaint dated 04-8- 2018 (13-8-2018) vide receipt No. 518/18 lodged be me, is illegal, arbitrary and contrary to Criminal Procedure Code, 1973 and Art 14 and 21 of the Constitution of India and consequently direct the respondents 2 and 3 to register F.I.R on the complaint dated 04-8-

2018 (13-8-2018) vide receipt No. 518/18 IA NO: 1 OF 2019 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 2 and 3 to registering F.I.R against the respondents 4 and 5 and there men, on the complaint dated 04-8-2018 (13-8-2018) vide receipt No. 518/18 lodged by me, pending disposal of the above Writ Petition Counsel for the Petitioner:

1. T V JAGGI REDDY Counsel for the Respondent(S):

1. GP FOR HOME (AP)

The Court made the following:

THE HONOURABLE SRI JUSTICE B.V.L.N.CHAKRAVARTHI WRIT PETITION No.10007 OF 2019

ORDER:

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

“….to issue a writ, order or direction especially in the nature of Writ of Mandamus or any other appropriate writ declaring the action of the respondents 2 and 3 in not registering F.I.R against 4th and 5th respondents and there men, on the complaint dated 04-8-2018 (13-8-2018) vide receipt No. 518/18 lodged be me, is illegal, arbitrary and contrary to Criminal Procedure Code, 1973 and Art 14 and 21 of the Constitution of India and consequently direct the respondents 2 and 3 to register F.I.R on the complaint dated 04-8-2018 (13-8-2018)

vide receipt No. 518/18 and pass…”

2. Sri R.Mallikarjuna Rao, learned Assistant Government Pleader for Home on written instructions would submit that basing on the report of the petitioner, police conducted preliminary enquiry and their enquiry would reveal that subject matter is civil in nature. Civil suits are pending between the parties before the III Additional Junior Civil Judge. No congnizable offence has been made out from the report presented by the petitioner. On the other hand, the matter is of civil in nature and therefore, they did not interfere in the matter and it was also informed to the petitioner on 13.08.2018.

3. Sri Satyanand Karre, learned counsel representing Sri T.V.Jaggi Reddy, learned counsel for the writ petitioner appeared through video conference would submit that the petitioner may be giving liberty to approach proper forum for necessary redressal in accordance with law.

4. In the light of submissions made by learned Assistant Government Pleader for Home, and in the light of the above f