APHC010050952025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] WEDNESDAY,THE TWENTY SIXTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 2801/2025 Between: 1. DEVARAPALLI SWETHA @ NAVAMANI,, W/O.KISHORE KUMAR, AGED ABOUT 38, YEARS, OCC HOUSEWIFE, R/O.FT.NO.504, SAMBASIVA RESIDENCY, KARMEL NAGAR, VIJAYAWADA, NTR DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY (HOME DEPT), SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI. 2. THE COMMISSIONER OF POLICE, VIJAYAWADA CITY, NTR DISTRICT. 3. THE ASST COMMISSIONER OF POLICE, CENTRAL DIVISION, VIJAYAWADA CITY. 4. THE STATION HOUSE OFFICER/C I OF POLICE, KRISHNALANKA POLICE STATION, VIJAYAWADA CITY. ...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 to issue an appropriate Writ order, or direction more particularly in the nature of Writ of mandamus and declaring the action of the respondents is highly illegal, arbitrary, contrary to law and clear violation of Articles 14,21 Constitution of India and principles of natural Justice and consequently to direct the respondents 2 to 4 register FIR U/Sections 110 and SC/STs Atrocity Act BNS on Petitioners' complaint dt. 13.06.2024 against the Varnadurga Auto Finance Company Proprietor Saibaba and his 6 followers Counsel for the Petitioner: 1. MANDA VENKATESWARA RAO Counsel for the Respondent(S): 1. GP FOR HOME 2 The Court made the following: ORDER: This Writ Petition under Article 226 of the Constitution of India, has been filed, by the Petitioner for the following relief: “ ... to issue an appropriate Writ order, or direction more particularly in the nature of Writ of mandamus and declaring the action of the respondents is highly illegal, arbitrary, contrary to law and clear violation of Articles 14,21 Constitution of India and principles of natural Justice and consequently to direct the respondents 2 to 4 register FIR U/Sections 110 and SC/STs Atrocity Act BNS on Petitioners' complaint dt. 13.06.2024 against the Varnadurga Auto Finance Company Proprietor Saibaba and his 6 followers ...” Heard learned counsel for the Petitioner and Learned Assistant Government Pleader for Home representing for respondent State. Perused the material on record. Learned Assistant Government Pleader on instructions would submit that during enquiry, it revealed that Petitioner’s Husband took Ertiga Car on finance basis to pay the total in equal monthly instalments, petitioner’s husband committed default in payment of instalments, the finance company sent notices to him, which he avoided to receive, in that view on 11.06.2024, the collection agent stopped the car at the scene asked them to pay the amounts for which petitioner’s husband refused to pay the said amounts, previously, there are criminal cases pending against the petitioner’s husband, and requested to dispose of the Writ Petition by passing appropriate orders. 3 Learned counsel for the Petitioner would submit that respondent authorities did not conduct any enquiry on the petitioner’s petition, though the contents would show the cognizable offence. Considering the submissions, since there is a statutory remedy available to the Petitioner under BNSS, 2023, Petitioner is at liberty to work out the remedy before appropriate forum according to law. Accordingly, this Writ Petition is disposed of. No order as to costs. Pending applications, if any, shall stand closed. DR.JUSTICE VENKATA JYOTHIRMAI PRATAPA Mjl/* 4 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA Writ Petition No. 2801 of 2025 26.11.2025 Mjl /*