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Andhra Pradesh High Court - Amravati

Kondapali Arjunudu vs The State Of Andhra Pradesh on 16 October, 2025

APHC010541612025
                   IN THE HIGH COURT OF ANDHRA PRADESH
                                 AT AMARAVATI                  [3396]
                          (Special Original Jurisdiction)

              THURSDAY,THE SIXTEENTH DAY OF OCTOBER
                  TWO THOUSAND AND TWENTY FIVE

                                PRESENT

  THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA

                      WRIT PETITION NO: 28283/2025

Between:

  1. KONDAPALI ARJUNUDU, , AGE 45 YRS, S/O.BAPIRAJU, CASTE ST
     KONDADORA,     K.GOPALAPURAM VILLAGE,        GANDEPALLI
     MANDAL, KAKINADA DISTRICT.

                                                        ...PETITIONER

                                    AND

  1. THE STATE OF ANDHRA PRADESH, REP., BY ITS. PRINCIPAL
     SECRETARY HOME DEPARTMENT, SECRETARIAT BUILDING,
     AMARAVATHI,GUNTURDISTRICT.

  2. SUPERINTENDENT OF POLICE, , KAKINADA DISTRICT, KAKINADA.

  3. STATION HOUSE OFFICER, ANNAVARAM POLICE STATION,
     SANKHAVARAM MANDAL, KAKINADA DISTRICT.

  4. KOTAKURI MADHUSRI, AGE 26YRS, W/O.LAKSHMI SRIKANTH,
     L.C.K.PURAM  VILLAGE,      DHARMAVARAM     MANDAL,
     ANANTHAPURAM DISTRICT.

  5. KESANI SURYANARAYANA,           AGE    48YRS,   S/O.POTHAYYA,
     L.C.K.PURAM  VILLAGE,                 DHARMAVARAM     MANDAL,
     ANANTHAPURAM DISTRICT.

  6. KESANI LALITHA, , AGE           44YRS,  W/O.SURYANARAYANA,
     L.C.K.PURAM   VILLAGE,              DHARMAVARAM    MANDAL,
     ANANTHAPURAM DISTRICT.

  7. KONGATI       CHINNAMMA,   ,   AGE    59YRS,    W/O.ANJANEYULU,
                                         2


     L.C.K.PURAM  VILLAGE,                    DHARMAVARAM            MANDAL,
     ANANTHAPURAM DISTRICT

   8. KESANI JEEVAN SAI, , AGE 24YRS, S/O. SURYANARAYANA,
      L.C.K.PURAM   VILLAGE,       DHARMAVARAM    MANDAL,
      ANANTHAPURAM DISTRICT.

                                                          ...RESPONDENT(S):

      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 topleased to. issue an appropriate writ, order, or direction, more
particularly a writ of mandamus, declaring the inaction of the 3rd respondent
Sub-Inspector of Police, Annavaram police station of Sankhavaram Mandal,
Kakinada District in not registering the First Information Report (FIR) pursuant
to the petitioners complaint dated 02.07.2024, as illegal, arbitrary, unjust, and
a gross abuse of power. It is prayed that this Honble Court may be pleased to
direct the 3rd respondent for the registration of an FIR and Pass

IA NO: 1 OF 2025

      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 3rd respondent for registration of the FIR strictly adhere
the Hon ble Supreme Court in Prithvi Raj Chauhan v. Union of India, (2020) 4
SCC 727, has upheld the validity of the 2018 amendment and confirmed that
preliminary enquiry is not necessary for registration of cases under Section
18A of the SC/ST (Prevention of Atrocities) Act with regard to the registration
of a First Information Report (FIR) basing on the complaint dated 02.07.2024
without preliminary enquiry. As per the said judgment Pending disposal of
the main writ petition, it is further prayed that this Hon'ble Court may be
pleased to pass such other and further orders as may be deemed just, fit, and
proper in the facts and circumstances of the case

Counsel for the Petitioner:

   1. INAPURAPU SURYANARAYANA

Counsel for the Respondent(S):

   1. GP FOR HOME

The Court made the following:
                                                 3


     THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA
                              WRIT PETITION NO: 28283/2025
ORDER:

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

"...to issue an appropriate writ, order or direction more particularly a writ of mandamus declaring the inaction of the 3rd respondent Sub Inspector of Police, Annavaram police station of Sankhavaram Mandal, Kakinada District in not registering the First Information Report (FIR) pursuant to the petitioner's complaint dated 02.07.2024 as illegal, arbitrary, unjust and a gross abuse of power It is prayed that this Hon'ble Court may be pleased to direct the 3rd respondent for the registration of an FIR..."

2. Heard Sri I.Suryanarayana, learned counsel for the petitioner and Sri V.Farook, learned Assistant Government Pleader for Home.

3. Learned counsel for the petitioner would submit that the Police have not registered the crime on the complaint made by the petitioner dated 02.07.2024.

4. Learned Assistant Government Pleader for Home, on written instructions, would submit that the petitioner himself has withdrawn his complaint on 22.07.2024 and consequently, the Police have not registered any crime basing on his complaint.

5. Recording the same, the Writ Petition is disposed of. No costs.

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

_________________________________________ Dr. JUSTICE VENKATAJYOTHIRMAI PRATAPA Date: 16.10.2025 JLV 4 216 HON'BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.28283 of 2025 Dated: 16.10.2025 JLV