Andhra Pradesh High Court - Amravati
Yanala Koteswar Rao vs The State Of Andhra Pradesh on 31 July, 2025
APHC010373882025
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3396]
(Special Original Jurisdiction)
THURSDAY,THE THIRTY FIRST DAY OF JULY
TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA
WRIT PETITION NO: 19244/2025
Between:
1. YANALA KOTESWAR RAO, S/O.VENKAIAH, AGED ABOUT 57
YEARS, OCC AGRICULTURE, R/O.ANIGANDLAPADU VILLAGE,
PENUGANCHIPROLU MANDAL, NTR DISTRICT.
...PETITIONER
AND
1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL
SECRETARY, HOME DEPARTMENT, SECRETARIAT,
VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT.
2. THE COMMISSIONER OF POLICE, NTR COMMISSIONARATE,
VIJAYAWADA, NTR DISTRICT.
3. THE STATION HOUSE OFFICER, PENUGANCHIPROLU POLICE
STATION, PENUGANCHIPROLU MANDAL, NTR DISTRICT.
4. SMT DAGGUPATI NAGAMANI, W /O.BADHRAIAH, AGED ABOUT 25
YEARS, OCC AGRICULTURE, R/O.ANIGANDLAPADU VILLAGE,
PENUGANCHIPROLU MANDAL, NTR 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 tomay be pleased to issue a writ, order or direction more particularly
one in the nature of writ of Mandamus to declare the action of the
Respondent No.3 in not registering the FIR in pursuant to the Complaint
dated 09-07-2025 even in spite of the contents of the complaint clearly
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disclose the commission of cognizable offences and further threatening the
Petitioner to withdraw Complaint and thereby harassing the Petitioner to
implicate in false case in case his demands are not complied with as
arbitrary, illegal and in violation of Article 14 and 21 of the Constitution of
India and consequently direct the Respondent No.3 to register the FIR in
pursuant to the Complaint dated 09-07-2025 filed by the Petitioner in terms of
Sec. 173 of BNSS and further direct the Respondent No.3 not to threaten or
harass the Petitioner without following due process of law in the interest of
justice
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
may be pleased to direct the Respondent No.3 not to threaten the Petitioner
to withdraw the complaint dated 09-07-2025 made before the 3rd
Respondent against the 4th Respondent and others for committing the
offences of trespass, mischief, criminal intimidation etc., pending disposal of
the main writ petition in the interest of justice.
Counsel for the Petitioner:
1. P NAGENDRA REDDY
Counsel for the Respondent(S):
1. GP FOR HOME
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The Court made the following:
ORDER:
This Writ Petition is filed under Article 226 of Constitution of India with the following prayer:
"....to issue a writ, order or direction more particularly one in the nature of writ of Mandamus to declare the action of the Respondent No.3 in not registering the FIR in pursuant to the Complaint dated 09-07-2025 even in spite of the contents of the complaint clearly disclose the commission of cognizable offences and further threatening the Petitioner to withdraw Complaint and thereby harassing the Petitioner to implicate in false case in case his demands are not complied with as arbitrary, illegal and in violation of Article 14 and 21 of the Constitution of India and consequently direct the Respondent No.3 to register the FIR in pursuant to the Complaint dated 09- 07-2025 filed by the Petitioner in terms of Sec. 173 of BNSS and further direct the Respondent No.3 not to threaten or harass the Petitioner without following due process of law in the interest of justice...."
2. Sri V.Farook, learned Assistant Government Pleader, on written instructions, would submit that the matter is pending before the Commissioner of Police, N.T.R. Police Commissionerate, Vijayawada, for taking appropriate decision.
3. Sri P.Nagendra Reddy, learned counsel for the petitioner, would submit that recording the same, this writ petition may be disposed of.
4. Recording the submission of learned Assistant Government Pleader, this writ petition is disposed of. However, the police are directed to look into the matter and follow due process of law.
As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed.
_________________________________________ Dr. JUSTICE VENKATAJYOTHIRMAI PRATAPA Date: 31.07.2025 MH 4 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA 52 WRIT PETITION NO: 19244/2025 Dt.31.07.2025 MH