Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 1469 (AP)

SHAIK ANWAR HUSSAIN v. THE STATE OF ANDHRA PRADESH

WP/33123/2025 · 2026-04-23

Y Lakshmana Rao

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010640082025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] FRIDAY,THE TWENTY FOURTH DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO: 33123/2025 Between: SHAIK ANWAR HUSSAIN, S/O SHAIK MOHAMMED AMEER RASOOL, AGED ABOUT 37 YRS, OCC- INSPECTOR AUDITOR (UNDER SUSPENSION), R/O D.NO. 58/384-22, VIDYA NAGAR, PHASE I, SBI COLONY, KADAPA TOWN, YSR KADAPA DISTRICT, ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI. 2. THE DIRECTOR GENERAL OF POLICE, STATE OF ANDHRA PRADESH, ANDHRA PRADESH POLICE HEAD QUARTERS, FLOOR, MANGALAGIRI, GUNTUR DISTRICT. 3. THE SUPERINTENDENT OF POLICE, KADAPA DISTRICT, KADAPA. THE STATION HOUSE OFFICER, PRODDATUR TALUKA POLICE STATION, YSR KADAPA DISTRICT 4. THE STATION HOUSE OFFICER, PRODDATUR TALUKA POLICE STATION, YSR KADAPA DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner: RAMESH VODNALA Counsel for the Respondent(S): 2 Dr. YLR, J W.P.No.33123 of 2025 Dated 24.04.2026 GP FOR HOME The Court made the following: ORDER: The Writ Petition has been filed under Article 226 of the Constitution of India seeking the following relief:- “…to issue a Writ of Mandamus or any other appropriate writ order or direction declaring the action of 4th respondent herein by not registering the complaint given by the petitioner dated 19 12 2023 27 08 2024 08 07 2024 22 07 2024 and finally on 09 08 2024 through Register post Ack Due as arbitrary illegal and unconstitutional and against the provisions of the Criminal Procedure and consequently direct the Respondent herein to register the FIR in terms of guidelines issued by the Honble Supreme Court in Lalitha Kumari Vs Government of Uttar Pradesh and others 2014 2 SCC 1 and pass….” 2. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader. 3. Sri V. Ramesh, learned counsel for the petitioner, submits that respondent No.4 has not registered the complaint submitted by the petitioner dated 19.12.2023. 4. Sri P. Ajay Babu, learned Assistant Government Pleader, on written instructions, submits that the respondent police have conducted a preliminary enquiry under Section 173(3) of ‘the BNSS’ and noticed that the averments of the complaints submitted by the petitioner are false in nature. Therefore, the respondent police have not taken any action. 5. Be that as it may, the petitioner has an alternative efficacious remedy by filing a complaint before the learned jurisdictional Magistrate under 3 Dr. YLR, J W.P.No.33123 of 2025 Dated 24.04.2026 Section 190 read with Section 200 of ‘the Cr.P.C.,’/Section 210 read with Section 223 of ‘the BNSS’, in case the representation of the petitioner is not registered as FIR. 6. Considering the entire facts and circumstances of the case, and recording the submissions of the learned Assistant Government Pleader, the Writ Petition is disposed of, requiring the petitioner to approach the learned jurisdictional Magistrate by way of filing an appropriate complaint under Section 190 read with Section 200 of ‘the Cr.P.C.,’/Section 210 read with Section 223 of ‘the BNSS’, if so advised. 7. With the above observations and directions, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, Miscellaneous petitions, if any pending, shall stand closed. _________________________ DR. Y. LAKSHMANA RAO, J Date: 24.04.2026 RSI 4 Dr. YLR, J W.P.No.33123 of 2025 Dated 24.04.2026 76 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO: 33123 of 2025 Date: 24.04.2026 RSI