In a writ petition under Article 226 seeking a direction to register an FIR and investigate offences due to alleged illegal action by respondents, the petitioner did not appear. The High Court dismissed the petition for non-prosecution with no order as to costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ANDHRA PRADESH::AMARAVATI (Special Original Jurisdiction)
WEDNESDAY, THE EIGHTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FOUR ^
PRESENT
THE HONOURABLE SRI JUSTICE B V L N CHil^KRAVARTHI
WRIT PETITION NO: QOn hf 2019-
Between;
S.Priyanka, D/o Narasimhulu, R/o H. No.2-6-1,Bangaraiah Street, Gooty Road, Dhone, Kurnool District. ...PETITIONER AND
...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 pleased to issue a writ, order or direction more particularly one in the nature of mandamus declaring the action of the respondents 2 to 4 in not
registering the FIR basing on the petitioner's complaintdated24.12.2018 (which was also sent through registered post on 27.12.2018) as illegal, arbitrary, violation of Article 14 and 21 of the Constitutionof India and violationof the provisions of Code of Criminal Procedure and consequently direct the 4‘^ respondent to register the FIR, investigateintotheoffences and file charge sheet.
lA NO: 1 OF 2019
Petition under Section 151 CPC praying that in thecircumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondent to register the FIR basing on the petitioner's complaint dated 24.12.2018, pending disposal of the writ petition.
Counsel for the Petitioner: SRI THOTA GOPINATH ro ?,■
Counsel for the Respondent No.1 to 4: GP FOR HOME The Court made the following: ORDER
APHC010020452019
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3368]
(Special Original Jurisdiction)
WEDNESDAY, THE EIGHTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI
WRIT PETITION NO: 900/2019
Between:
S.Priyanka
...PETITIONER
AND
State of AP and Others
...RESPONDENT(S)
Counsel for the Petitioner:
1.THOTA GOPINATH
Counsel for the Respondent(S):
1.GP FOR HOME (AP)
The Court made the following:
ORDER:
This Writ Petition under Article 226 of the Constitutionof
India is filed for the following relief:
“....to issue a writ, order or direction more particularly one in the nature of mandamus declaring the action of the respondents 2 to 4 in not registering the FIR basing on the petitioners complaint dated 24.12.2018
2
(which i/i/as also sent through registered post on 27.12.2018) as illegal, arbitrary violation of Article 14 3nd 21 of the Constitution of India and violation of the provisions of Code of Criminal Procedure and consequently direct the respondent to register the FIR, investigate into the offences and file charge sheet and pass..."
As a sequel thereto, the miscellaneous petitions, if any,
pending in this Writ Petition shall stand closed.
//TRUE COPY//
Sd/- P.VENKAT RAMANA JOINT REGISTRAR
To,
- One CC to SRI THOTA GOPINATH, Advocate [OPUC]
- Two CCs to GP FOR HOME, High Court of Andhra Pradesh [OUT]
- Two C.D Copies MBT
^igh court
DATED; ■>8/09/2024
ORDER '^PNo.900 of 2019
,A-
(j 3 or.T
■r-i' ★ />/^<^pr-rc
'DISMISSING the W.P for NONPROSECUT/ON i^ithout COSTS
2 issues framed by the court
Whether to issue a writ of mandamus directing respondents to register an FIR and investigate offences based on the petitioner's complaint.
Whether the non-registration of the FIR by respondents violates Articles 14 and 21 of the Constitution and CrPC provisions.
3 provisions across 2 enactments
S.Priyanka
State of Andhra Pradesh
B V L N Chakravarthi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
