Disposed¶29

Shaik Shabbir Ahmad v. The State of Andhra Pradesh

Andhra Pradesh HC21 Nov 2025WP/20959/2023

Case brief

AI extract

What is this about?

FIR registration refused by Bhavanipuram Police Station, Vijayawada; writ of mandamus under Article 226 sought on complaint dated 02.07.2023; police stance that dispute is civil in nature; writ petition disposed of with liberty to petitioner to pursue remedies before the appropriate forum; no costs. Single Judge: Dr. Justice Venkata Jyothirmai Pratapa. Statutes: Article 226 Constitution of India; Section 151 CPC (IA No.1 of 2023). No precedents discussed. Note: cause title and body show W.P.No.20959 of 2023 while the proceeding sheet shows W.P.No.20959 of 2025.

What did the court decide?

Writ petition disposed of recording the respondents' submission; petitioner granted liberty to work out his remedies before the appropriate forum according to law; no order as to costs; miscellaneous petitions pending, if any, stood closed. ¶29

Shaik Shabbir Ahmad Vs The State of Andhra… — Writ and Judicial Review | Andhra Pradesh HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether a writ of mandamus should be issued directing the Station House Officer, Bhavanipuram Police Station, Vijayawada, to register an FIR on the petitioner's report dated 02.07.2023, or to refer the matter to another police station for registration of an FIR.

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Court's answer

Recording the submission of the learned Assistant Government Pleader for Home that the subject matter of the petition is civil in nature and the respondent police had therefore not registered the crime on the complaint dated 02.07.2023, the writ petition is disposed of without issuing the mandamus sought.

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Ratio / Principle

The petitioner is left at liberty to work out his remedies before the appropriate forum according to law, and there shall be no order as to costs.

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Detailed headnote1 paragraphs

Andhra Pradesh High Court at Amaravati (Dr. Justice Venkata Jyothirmai Pratapa), W.P.No.20959 of 2023, decided 22-11-2025: Petitioner, whose complaint dated 02.07.2023 was not acted upon by the Bhavanipuram Police Station, Vijayawada, moved the Court under Article 226 for a writ of mandamus directing the Station House Officer to register an FIR, or alternatively to refer the matter to another police station for registration. The learned Assistant Government Pleader for Home, on written instructions, submitted that the subject matter of the petition being civil in nature, the respondent police had not registered the crime on the complaint. Recording that submission, the Court disposed of the writ petition, leaving the petitioner at liberty to work out his remedies before the appropriate forum according to law, with no order as to costs, and miscellaneous petitions pending, if any, were closed. The Court did not adjudicate the merits of the refusal to register the FIR and issued no direction for its registration.

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APHC010407402023

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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(Special Original Jurisdiction)

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SATURDAY,THE TWENTY SECOND DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 20959 OF 2023

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Between:

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Shaik Shabbir Ahmad, S/o Habeeb Ahmad, Business, aged about 37 years, resident of Door No. 1-4-186/8 , Police Colony, Vijayawada Krishna district

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...Petitioner

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AND

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The State of Andhra Pradesh, Rep. by its Principal Secretary, Home Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District, A.P. ve named

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The Superintendent of Police, Vijayawada, NTR District.

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The Commissioner of Police, Vijayawada, NTR District.

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The Station House Officer, Police Station, Bhavanipuram, Vijayawada, NTR District.

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...Respondents

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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 pleased to issue a writ, order or direction, more particularly one in the nature of Writ of Mandamus, giving a direction to the Station House officer of Bhavanipuram Police Station, Vijayawada, to register F.I.R. or to refer the matter to another police station to register an FIR by taking cognizance of the

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report, dated 02.07.2023, lodged by me for investigation and to file a final report in the Court and pass

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IA NO: 1 OF 2023

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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 pleased direct the Respondent No. 4 to register F.I.R. or to refer the matter to another police station to register an FIR by taking cognizance of the report, dated 02.07.2023, lodged by me for investigation and to file a final report in the Court and pass

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Counsel for the Petitioner: ABDUL HAMEED BAIG MOHAMAAD

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Counsel for the Respondents: GP FOR HOME

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The Court made the following order:

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THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 20959 OF 2023

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ORDER:

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

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“… pleased to issue a writ, order or direction, more particularly one in the nature of Writ of Mandamus, giving a direction to the Station House officer of Bhavanipuram Police Station, Vijayawada, to register F.I.R. or to refer the matter to another police station to register an FIR by taking cognizance of the report, dated 02.07.2023, lodged by me for investigation and to file a final report in the Court and pass .…”

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None represented for the petitioner(s).

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When the matter is taken up for hearing, Sri V.Farooq, learned Assistant Government Pleader for Home for the respondents, on written instructions, would submit that since the subject matter in the present petition is civil in nature, the respondent police have not registered the crime on the complaint dated 02.07.2023 made by the petitioner.

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Recording the above said submission, this Writ Petition is disposed of. However, the petitioner is at liberty to work out his remedies before the appropriate forum according to law. There shall be no Order as to costs.

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

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Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA

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Date: 22-11-2025 KKV

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144

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HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA

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