Disposed¶11

Gongal Reddy Sesha Reddy, v. State of Andhra Pradesh

Andhra Pradesh HC2 Mar 2025WP/4008/2025

Case brief

AI extract

What is this about?

APHC W.P. No.4008 of 2025, HC Andhra Pradesh (Amaravati), Justice Harinath.N, 03.03.2025 - challenge to police inaction in non-registration of FIR on complaints dated 27.01.2025 and 05.02.2025 alleging trespass and death/false-implication threats by respondents 4-6, arising out of dishonoured-cheque disputes (Rs.29,00,000 and Rs.25,00,000; CC Nos.2037 and 2038 of 2023, S.138 NI Act, V Additional Magistrate, Nellore); police preliminary enquiry under S.173 BNSS (3)(i) reported no prima facie case; writ disposed, petitioner left free to approach competent Magistrate Court; no costs; miscellaneous petitions closed.

What did the court decide?

No coercive direction against the police; the petitioner was left open to take steps before the competent Magistrate Court; no costs; pending miscellaneous petitions closed. ¶11

Gongal Reddy Sesha Reddy, Vs State of Andhra Pradesh — Cheque Dishonour | Andhra Pradesh HC (2025)

What the court decided

AI extract

Outcome

No coercive direction against the police; the petitioner was left open to take steps before the competent Magistrate Court; no costs; pending miscellaneous petitions closed.

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Issue for consideration

Whether the failure of respondent Nos.2 and 3 to register a crime on the petitioner's complaints dated 27.01.2025 and 05.02.2025 warranted a judicial direction compelling registration. +1 more

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Court's answer

The petitioner was left at liberty to take steps before the competent Magistrate Court in respect of his grievance, and no costs were imposed.

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Ratio / Principle

Taking into account the Assistant Government Pleader's submission that the preliminary enquiry under Section 173 BNSS (3)(i) revealed no prima facie case warranting further investigation, the Court held that no further orders were required and disposed of the writ petition.

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Detailed headnote1 paragraphs

Writ Petition No.4008 of 2025 (High Court of Andhra Pradesh at Amaravati, Justice Harinath.N, decided 03.03.2025): Gongal Reddy Sesha Reddy challenged the inaction of respondent Nos.2 and 3 (police) in not registering a crime on his complaints dated 27.01.2025 and 05.02.2025, alleging that respondent Nos.4 to 6 trespassed into his house with about 25 members on 27.01.2025, threatened to kill him and to implicate him in false cases. Background: the 4th respondent's two cheques of Rs.29,00,000 and Rs.25,00,000 had been dishonoured for insufficiency of funds, leading to CC.No.2038 of 2023 and CC.No.2037 of 2023 under Section 138 NI Act before the V Additional Magistrate of First Class, Nellore. The learned Assistant Government Pleader submitted that a preliminary enquiry under Section 173 BNSS (3)(i) was completed and found no prima facie case warranting registration or further investigation. Considering these submissions, the Court held no further orders were required, disposed of the writ petition, left the petitioner free to take steps before the competent Magistrate Court, made no costs order, and closed pending miscellaneous petitions, if any.

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APHC010069792025

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3457] (Special Original Jurisdiction)

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MONDAY ,THE THIRD DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 4008/2025

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Between: Gongal Reddy Sesha Reddy, ...PETITIONER AND State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.C SUBODH

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Counsel for the Respondent(S): 1.GP FOR HOME The Court made the following Order:

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The petitioner is challenging the in-action on part of the respondent Nos.2 and 3 in not registering the crime on the complaint submitted by the petitioner dated 27.01.2025 and 05.02.2025. It is submitted that the 4^th respondent had issued two cheques for an amount of Rs.29,00,000/and Rs.25,00,000/- towards the amounts repayable to the petitioner and that the cheques were dishonoured with an endorsement funds insufficient. The petitioner had filed CC.No.2038 of 2023 and CC.No.2037 of 2023 on the file of V Additional Magistrate of First Class, Nellore for the offence punishable under Section 138 of NI Act. It is alleged that the respondent Nos.4 to 6 have trespassed into house of respondents on 27.01.2025 at

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WP.No.4008 of 2025

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10.00AM along with 25 members and threatened to kill the petitioner. Threats were also held out to implicate the petitioner in false cases. The petitioner called police and that on seeing the police, the said trespassers have left the house of the petitioner. The petitioner filed a complaint before the 3^rd respondent and that the 3^rd respondent has not taken up any action.

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The learned Assistant Government Pleader submits that a preliminary enquiry was conducted and that there was no prima facie case made out which required further investigation and as such in terms of the provisions of Section 173 of BNSS (3)(i). The police have completed preliminary enquiry and found no grounds to register a case.

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Considering the submissions of the learned Assistant Government Pleader no further orders are required in this case and hence the writ petition is disposed off, leaving it open to the petitioner to take steps before the competent Magistrate Court. No costs

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Pending miscellaneous petitions, if any, shall stand closed.

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____________________ JUSTICE HARINATH.N

KGM

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WP.No.4008 of 2025