Dismissed

P Anuradha v. the State of Andhra Pradesh

Andhra Pradesh HC22 Nov 2023WP/29998/2023

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition under Article 226 and Section 151 CPC seeking direction to register an FIR. The Court dismissed the petition by relying on a previous common order, holding the Petitioner should pursue remedies under the Cr.P.C.

What did the court decide?

Petition disposed of with directions for Petitioner to seek remedies under Cr.P.C.; Pending applications closed.

P Anuradha Vs the State of Andhr… — Constitutional and Fundamental Rights | Andhra Pradesh HC (2023)

¶1

IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction)

¶2

WEDNESDAY, THE TWENTY SECOND DAY OF NOVEMBER TWO THOUSAND AND TWENTY THREE

¶3

PRESENT

¶4

THE HON’BLE SMT JUSTICE VENKATA JYOTHIRMAI PRATAPA

¶5

WRIT PETITION NO: 29998 OF 2023

¶6

Between:

¶7

P. Anuradha, W/o. Dr.P.Ravi Raju, Aged about 45 years, R/o. D.No. 12/95, Swamy Street, Opp. Sai Baba Temple, Puttur Town And Mandal, Puttur-517583, Chittoor District.

¶8

...PETITIONER

¶9

AND

¶10

The State of Andhra Pradesh, Represented by its Principal Secretary (Home), Secretariat Buildings, Amaravathi, Guntur, State of^{AndhraPradesh.}

¶11

The Superintendent of Police, Tirupati District, Prakasam Road, Near Town Club, Tirupati - 517501.

¶12

The Deputy Superintendent of Police, Ramarao Colony Road, Puttur, Tirupati District.

¶13

The Station House Officer, Puttur Police Station, Puttur, Tirupati District, A.P.517583.

¶14

Sri. Pagadala Mukunda Babu, S/o. late Pogadala Krishnaswamy Naidu, aged about 45 years, R/o Door No. 19/8/180/204, Annamaiah Apartments, Yadava Colony, Tirupati, Chittoor District.

¶15

Smt.Narra Muniradhika, W/o. Ashok, aged about 45 years, R/o Door No. 19/8/180/204, Annamaiah Apartments, Yadava Colony, Tirupati, Chittoor District.

¶16

Smt.P.Sarada, W/o. N.Kumar, aged about 50 years,^R/oDoor No. 19/8/180/204, Annamaiah Apartments, Yadava Colony, Tirupati, Chittoor District.

¶17

Sri. Pagadala Jayaprasad, S/o. late Pogadala Krishnaswamy Naidu, aged about 50 years, ^o Door No. 19/8/180/204, Annamaiah Apartments, Yadava Colony, Tirupati, Chittoor District.

¶18

Sri. P.Madhusudhan, S/o P. Jayaprasad, aged about 55 years, R/o Door No.2/149/1, Srilakshmi Nagar, New Balaji Colony, Trupati,^{ChittoorDistrict.}

¶19

...RESPONDENTS

¶20

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 an appropriate writ petition, order or direction, moreⁱⁿ the nature ^of Mandamus, declaring the action of the respondents^{2to4innottakingany} . action on the complaint of the petitioner dated 10.08.2023 and not even registering an FIR or causing any enquiries in terms of the Judgment of the Hon’ble Apex Court in the case of Lalitha Kumari Vs. State of U.P, as being illegal, arbitrary and consequently direct the respondent to take action on the complaint lodged by the petitioner on 10.08.2023 and to register FIR against the respondents 5 to 7 and consequently give protection to the petitioner and their family and property.

¶21

lA NO: 1 OF 2023

¶22

Petition under Section 151 CPC praying that in the^{circumstancesstated} in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondents 2 to 4 to take action on the complaint submitted by the petitioner on 10.08.2023 forthwith by registering an FIR against the respondents 5 to 9 consequently give protection to the petitioner and their family and property, pending disposal of the above writ petition.

¶23

Counsel for the Petitioner: SRI. B. SIVA KESAVA REDDY

¶24

Counsel for the Respondents No.1 to 4: GP FOR HOME

¶25

Counsel for the Respondents No. 5 to 9:

¶26

The Court made the following: ORDER

¶27

THE HON’BLE SMT.JUSTICE VENKATA JYOTHIRMAI PRATAPA

¶28

WRIT PETITION No.29998 of 2023

¶29

ORDER:

¶30

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

¶31

a writ of Mandamus, to declare the action of Respondent Nos. 2 to 4 in not taking any action on^the complaint of the petitioner dated 10.08.2023 and not even registering the F.I.R or causing any enquiries in terms of judgment of the Hon’ble Apex Court in the^case of Lalitha Kumari Vs. State of U.P, as illegal, improper, arbitrary and unwarranted. ”

¶32

Heard Sri B.Siva Kesava Reddy, learned counsel for the petitioner and learned Assistant Government Pleader for Home. 3. It is represented by the learned counsel for the petitioner^and acceded to, by the learned Assistant Government Pleader that the subject matter of this Writ Petition is squarely covered by the common order passed by this Court in W.P.Nos.29945 &^30004of 2023, dated 23.11.2023, wherein this Court held as follows:

¶33

“37. Further, in the cases where the informant is aggrieved by non-registration of FIR in a cognizable offence, the avenues of remedies available are as follows;

¶34

a. Send the information in writing by post to the Superintendent of Police Section, vide 154(3). If not registered even then.

¶35

¶36

b. Approach the Jurisdictional Magistrate’s Court by filing a private complaint, vide Sections 190, 200 and 156(3).

¶37

Before parting with these cases, it apposite to mention that at least plural number of matters of this nature i.e., ‘seeking direction to the police to register complaints’, are being on the list each day. In this regard, this Court finds it appropriate to issue the following directions to the Director General of Police, State of Andhra Pradesh to take appropriate steps;

¶38

L To circulate a copy of the judgment in Lalita Kumari v. Govt, of U.P. & Ors., (2014) 2 see 1, once again, along with a translated copy in Telugu for better understanding among the police personnel.

¶39

ii. To sensitize the police personnel at every cadre about the guidelines issued at para 120 therein, to achieve the object in letter and spirit.

¶40

iii. To develop a mechanism to inform the informant/complainant about the stage and result thereafter, in cases where F.I.R. is not registered within 24 hours, as it requires preliminary enquiry.

¶41

1. In result, these Writ Petitions are disposed of, with the above observations. This Court is not inclined to interfere in these Writ Petitions, considering the discussion supra.

¶42

However, the Petitioners herein are at liberty to work out their remedies as available under the Cr.P.C., before appropriate forum, if so advised.

¶43

¶44

It is also made clear that no opinion is given on

¶45

the merits of the matters.

¶46

Pending Miscellaneous Petitions, if any, shall also

¶47

stand closed. ”

¶48

in 4. Hence, following the said Order passed by this Court W.P.Nos.29945 85 30004 of 2023, dated 23.11.2023 and taking into

¶49

consideration of the facts and circumstances of the case, this writ

¶50

petition is disposed of.

¶51

In the result, the Writ Petition is disposed of with^theabove observations.

¶52

Pending applications, if any, shall stand closed.

¶53

Sd/- K. KASI RAO ACHARI

/ /

//TRUE COPY//

ASSISTANT REGISTRAR

SECTION OFFICER

To,

The Principal Secretary (Home), State of Andhra Pradesh, Secretariat Buildings, Amaravathi, Guntur, State of Andhra Pradesh.

¶60

The Superintendent of Police, Tirupati District, Prakasam Road, Near Town Club, Tirupati - 517501.

¶61

The Deputy Superintendent of Police, Ramarao Colony Road, Puttur, Tirupati District.

¶62

The Station House Officer, Puttur Police Station, Puttur, Tirupati District, A.P.517583.

¶63

Sri. Pagadala Mukunda Babu, S/o. late Pogadala Krishnaswamy Naidu, aged about 45 years, R/o Door No. 19/8/180/204, Annamaiah Apartments, Yadava Colony, Tirupati, Chittoor District.

¶64

Smt.Narra Muniradhika, W/o. Ashok, aged about 45 years, R/o Door No. 19/8/180/204, Annamaiah Apartments, Yadava Colony, Tirupati, Chittoor District.

¶65

Smt.P.Sarada, W/o. N.Kumar, aged about 50 years,^R/oDoor No. 19/8/180/204, Annamaiah Apartments, Yadava Colony, Tirupati, Chittoor District.

¶66

Sri. Pagadala Jayaprasad, S/o. late Pogadala Krishnaswamy Naidu, aged about 50 years, R/o Door No. 19/8/180/204, Annamaiah Apartments, Yadava Colony, Tirupati, Chittoor District.

¶67