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Buddula Mutyalamma v. the State of Andhra Pradesh

Andhra Pradesh HC5 Nov 2025WP/4695/2025

Case brief

AI extract

What is this about?

Andhra Pradesh High Court at Amaravati; W.P.No.4695 of 2025, decided 06.11.2025 by Dr Justice Venkata Jyothirmai Pratapa; Buddula Mutyalamma v. State of Andhra Pradesh & others; writ of Mandamus; non-registration of FIR; representation dated 29/12/2024; offences under SC/ST POA Act; section 173(4) BNSS; preliminary enquiry by police; subject matter civil in nature; Articles 14, 16, 19, 300-A and 226 Constitution of India; Section 151 CPC interim application; writ petition disposed of with liberty to seek remedies before appropriate forum; no costs.

What did the court decide?

Liberty to the petitioner to work out her remedies before the appropriate forum; no order as to costs; miscellaneous petitions, if any, stand closed. ¶33

Buddula Mutyalamma Vs the State of Andhra… — Writ and Judicial Review | Andhra Pradesh HC (2025)

What the court decided

AI extract

Outcome

Liberty to the petitioner to work out her remedies before the appropriate forum; no order as to costs; miscellaneous petitions, if any, stand closed.

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Issue for consideration

Whether the respondents' action in not registering the FIR and not proceeding against the accused in accordance with the procedure contemplated under section 173(4) BNSS is illegal, arbitrary and violative of principles of natural justice and of Articles 14, 16, 19 and 300-A of the Constitution of India. +1 more

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Ratio / Principle

The Court recorded the Assistant Government Pleader for Home's submission that the police received the petitioner's representation, conducted a preliminary enquiry, and did not register the crime since the subject matter is civil in nature, and disposed of the writ petition leaving the petitioner at liberty to work out her remedies before the appropriate forum, with no order as to costs. The Court did not adjudicate the legality of the non-registration of the FIR on merits.

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Detailed headnote1 paragraphs

Writ Petition (W.P.No.4695 of 2025) under Article 226 of the Constitution of India by Buddula Mutyalamma seeking a writ of Mandamus declaring the respondent police's failure to register an FIR, and to act against the accused under the procedure contemplated by section 173(4) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), illegal and arbitrary, and seeking a direction to consider her representation dated 29/12/2024 for registration of an FIR for offences under the SC/ST POA Act. The learned Assistant Government Pleader for Home, on written instructions, submitted that the police received the representation and conducted a preliminary enquiry but did not register any crime as the subject matter is civil in nature. Recording that submission, the High Court (Dr Justice Venkata Jyothirmai Pratapa) disposed of the writ petition, granting the petitioner liberty to work out her remedies before the appropriate forum, with no order as to costs; miscellaneous petitions, if any, stood closed. The Court made no finding on the legality of the non-registration of the FIR.

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APHC010091302025

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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(Special Original Jurisdiction)

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[3396]

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THURSDAY, THE SIXTH 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: 4695/2025

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Between:

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BUDDULA MUTYALAMMA, W/O BUDDULA SOMARAJU, AGED 39 YEARS, R/0 3-52, TALLA KATTUPALLI, BUTTAYAGUDEM MANDAL, ELURU DISTRICT, ANDHRA PRADESH-534448

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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, A.P. SECRETARIAT AT VELAGAPUDI, GUNTUR DISTRICT, ANDHRA PRADESH.

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THE SUPERINTENDENT OF POLICE, ELURU DISTRICT, ANDHRA PRADESH.

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THE SUBDIVISIONAL SUPERINTENDENT OF POLICE, POLAVARAM, ELURU DISTRICT ANDHRA PRADESH.

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THE STATION HOUSE OFFICER, BUTTAYAGUDEM POLICE STATION, ELURU DISTRICT ANDHRA PRADESH.

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...RESPONDENT(S):

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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 issue a Writ Order or direction particularly, one in the nature of writ of Mandamus declaring the action of the respondents in not registering FIR and not considering the illegal actions of the accused in accordance with procedure contemplated under section 173(4) Bharatiya Nagarik Suraksha Sanhita (BNSS) is illegal, arbitrary and violation of principles of natural justice

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and also violations of Article 14,16,19 and 300-A of the Constitution of India and consequently direct the respondents to consider the representation dated 29/12/2024in registering the FIR for the offences u/s SC/ST POA Actin accordance with the law and to pass

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IA NO: 1 OF 2025

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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 to direct the to consider the representation dated 29/12/2024 in registering the FIR for the offences u/s SC/ST POA Act, in accordance with the law pending disposal of the above writ petition and to pass

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Counsel for the Petitioner:

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1.NALLANAGULA LALITHA SREE

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Counsel for the Respondent(S):

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1.GP FOR HOME

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THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 4695 of 2025

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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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“…to issue a Writ Order or direction particularly, one in the nature of writ of Mandamus declaring the action of the respondents in not registering FIR and not considering the illegal actions of the accused in accordance with procedure contemplated under section 173(4) Bharatiya Nagarik Suraksha Sanhita (BNSS) is illegal, arbitrary and violation of principles of natural justice and also violations of Article 14,16,19 and 300-A of the Constitution of India and consequently direct the respondents to consider the representation dated 29/12/2024in registering the FIR for the offences u/s SC/ST POA Act in accordance with the law and to pass.…”

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Heard Ms.Nallanagula Lalitha Sree, learned counsel for the petitioner and Sri V.Farook, learned Assistant Government Pleader for Home for the official respondents.

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Learned Assistant Government Pleader for Home, on written instructions, would submit that the police have received the representation of the petitioner and conducted preliminary enquiry. He would further submit that they have not registered the crime, since the subject matter is civil in nature.

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Recording the same, this Writ Petition is disposed of. However, the petitioner is at liberty to work out her remedies before the appropriate forum. There shall be no order as to costs.

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

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closed.

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Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 06.11.2025. UPS

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174

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