Kukkala Tirumpati Swami Reddy Vs the State of Andhra Pradesh

¶1

APHC010163672023

¶2

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

¶3

(Special Original Jurisdiction)

¶4

SATURDAY,THE TWENTY SECOND DAY OF NOVEMB E R TWO T H OUSAND AND TWENTY FIVE

¶5

PRESENT

¶6

THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 8448 OF 2023

¶7

Between:

¶8

KUKKALA TIRUMPATI S WAMI REDDY, S/o. Venkatappa Redd y , Aged 58 years, Occ. Cultivation, R / o. Kanaparthi Village, Naguluppalapa d u Mandal, Prakasam District.

¶9

...Petitioner

¶10

AND

¶11

THE STATE OF ANDH R A PRADESH, Rep. by its Principal S e cretary to Government, Home Depar t ment, Secretariat, Velagapudi, Amara v ati, Guntur District.

¶12

Superintendent of Police, Ongole at PrakasamDistrict.

¶13

Deputy Superintendent o f Police, Ongole at Prakasam District.

¶14

Station House Officer, N a guluppalapadu Police Station, Prakas a m District.

¶15

Komatla Suresh, S/o. Lakshmi Naryana, Aged 45 years, O cc. Home Guard, Naguluppalapad u Police Station, R/o. Near Gan d hi Statue, Kanaparthi Village, Naguli p palapadu Mandal, Prakasam District.

¶16

...Respondents

¶17

Petition under Article 226 of the Constitution of India prayin g that in the circumstances stated in the affidavit filed therewith, the High Court may be

¶18

pleased topleased to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of respondents particularly of 4th respondent in not registering crime on the petitioner's complaint dt. 20.02.2023 submitted complaining against the criminal acts committed by the 5th respondent, as illegal, irregular, irrational, amounts to non-discharge of legal obligation conferred on them under the provisions of Code of Criminal Procedure, 1973, and offends Articles 14 and 21 of Constitution of India and consequently direct the respondents particularly the 4th respondent to register crime and prosecute the accused person for appropriate offences and penal provisions of law by subjecting them for the process of arrest and judicial remand and pass

¶19

IA NO: 1 OF 2023

¶20

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 to direct the 4th respondent to register crime on the petitioner's complaint dt. 20.02.2023 and prosecute the accused person for appropriate offences under penal provisions of law by subjecting him for the process of arrest and judicial remand, pending disposal of the main Writ Petition and pass

¶21

Counsel for the Petitioner: SUBBA RAO JANDHYAM

¶22

Counsel for the Respondents: GP FOR HOME

¶23

The Court made the following order:

¶24

THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 8448 OF 2023

¶25

ORDER:

¶26

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

¶27

“… topleased to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of respondents particularly of 4th respondent in not registering crime on the petitioner's complaint dt. 20.02.2023 submitted complaining against the criminal acts committed by the 5th respondent, as illegal, irregular, irrational, amounts to non-discharge of legal obligation conferred on them under the provisions of Code of Criminal Procedure, 1973, and offends Articles 14 and 21 of Constitution of India and consequently direct the respondents particularly the 4th respondent to register crime and prosecute the accused person for appropriate offences and penal provisions of law by subjecting them for the process of arrest and judicial remand and pass .…”

¶28

Heard Sri Subba Rao Jandhyam, learned counsel for the petitoner and Sri V.Farook, learned Assisstant Government Pleader for Revenue appearing for the official respondents.

¶29

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 10.02.2023 made by the petitioner.

¶30

The learned counsel for the petitioner would submit that the court may pass appropriate orders.

¶31

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.

¶32

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

¶33

_________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 22-11-2025 KKV

¶34

258

¶35

HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA

¶36

W.P.No.8448 of 2023

¶37

Dated.22-11-2025