APHC010508212025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY, THE TWENTY FIFTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 26263/2025 Between: 1. D ASHWARTHA NARARAYANA, S/O D. ANJI NAPAA, AGED 80 YEARS, OCC CULTIVATION, R/O D.NO.2/116, MUNIMADUGU, ANANTAPUR, ANANTAPUR DISTRICT - 515164 ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY IT'S PRINCIPAL SECRETARY TO GOVERNMENT, HOME DEPARTMENT, SECRETARIAT, A.P., VELAGAPUDI, GUNTUR DISTRICT. 2. THE DIRECTOR GENERAL OF POLICE, ANDHRA PRADESH, VADDESWARAM MANGALAGIRI. 3. THE SUPERINTENDENT OF POLICE, ANANTAPUR DISTRICT, ANANTAPUR. 4. THE DEPUTY SUPERINTENDENT OF POLICE, ANANTAPUR DISTRICT. 5. THE CIRCLE INSPECTOR OF POLICE, PENUGONDA M ANANTAPUR DISTRICT. 6. THE STATION HOUSE OFFICER, KIA POLICE STATION (AMMAVARI PALLI), ANANTAPUR DISTRICT. 7. NEERUGANTI NARASIMHULU, S/O KARRI ANJANAPPA, MUNIMADUGU, ANANTAPUR, ANANTAPUR DISTRICT - 515164 8. NEERUGANTI SRIRAMULU, S/O NEERUGANTI PEDDANNA, MUNIMADUGU, ANANTAPUR, ANANTAPUR DISTRICT - 515164 9. NEERUGANTI NAGENDRA, S/O NEERUGANTI NARASIMHULU,. MUNIMADUGU, ANANTAPUR, ANANTAPUR DISTRICT - 515164 10. NEERUGANTI CHINNA ANJI, S/O NEERUGANTI NARASIMHULU, MUNIMADUGU, ANANTAPUR, ANANTAPUR DISTRICT - 515164 11. NEERUGANTI NARAYANAMMA, W/O NEERUGANTI NARASIMHULU, MUNIMADUGU, ANANTAPUR, ANANTAPUR DISTRICT - 515164 12. NEERUGANTI SHYAMALAMAMMA, W/O NEERUGANTI NAGENDRA, MUNIMADUGU, ANANTAPUR, ANANTAPUR DISTRICT - 515164 13. NEERUGANTI SRUJANAMMA CHINNAKKA, W/O SEENAPPA. MUNIMADUGU. ANANTAPUR, ANANTAPUR DISTRICT - 515164 ...RESPONDENT(S): Counsel for the Petitioner: 2 1. DHANUNJAYA BARU Counsel for the Respondent(S): 1. GP FOR HOME The Court made the following: ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “.... to issue a writ, order or direction particularly one in the nature of writ of Mandamus to declare the action of the more Respondent No.6 in not registering the FIR in pursuant to the complaint dated 21-02-2025 made by the Petitioners against the Respondents, No.7 to 13 even in spite of the contents of the complaint clearly disclose the commission of the cognizable offences as arbitrary, illegal and contrary to section 154 of Cr.P.C/173 B.N.S.S. and consequently direct the Respondent No.3 to register the FIR based on the complaint dated 21-02- 2025 made by the Petitioner against the Respondents No.7 to 13 forthwith and proceed with the investigation in accordance with law in the interest of justice.= 2. Heard Sri Dhanunjaya Baru, learned counsel for the Petitioner and Sri V.Farooq, learned Assistant Government Pleader for Home. 3. Learned Assistant Government Pleader for Home, would submit that, Police have received the representation of the Petitioner, enquired into the matter and having found that the allegations mentioned in the said complaint are of civil nature, they have not registered the case. 4. Learned counsel for the Petitioner, in reply, would submit that, in the representation that the subject matter is civil in nature, is not correct. The allegations mentioned in the complaint given by the Petitioner, clearly attract cognizable offence. Learned counsel would finally submit that a direction may be given to the Police to register a case on the complaint made by the Petitioner. 3 5. The Hon’ble Division Bench of this Court while dealing with a matter relating to the availability of alternate efficacious remedy provided under Cr.P.C instead of writ remedy, in Writ Appeal No.620 of 2024, dated 12.08.2024, held as follows: <16. In Sudhir Bhaskara Rao Tambe v. Hemant Yashwant Dhage and others (supra 4) the Hon’ble Supreme Court at para- 3 the end result in case High Court entertains writ petitions of the similar nature now covered under appeal, held as follows: <3. We are of the opinion that if the High Courts entertain such writ petitions, then they will be flooded with such writ petitions and will not be able to do any other work except dealing with such writ petitions. Hence, we have held that the complainant must avail of his alternative remedy to approach the Magistrate concerned under Section 156(3) CrPC and if he does so, the Magistrate will ensure, if prima facie he is satisfied, registration of the first information report and also ensure a proper investigation in the matter, and he can also monitor the investigation. ………. <20. The observations and findings in Lalitha Kumari’s case nowhere enunciate a ratio decidendi that the person aggrieved can avail writ remedy bypassing the alternate efficacious remedy provided in CrPC and what was stated therein is that whenever a police officer receives any complaint disclosing commission of a cognizable offence, he shall register FIR without making any preliminary inquiry. Therefore, the said decision cannot come to the rescue of the appellant in the given set of facts. 21. In view of the above, the learned single Judge had rightly dismissed the writ petition holding that the remedy available to the writ petitioner is by availing the relevant provisions of the Code of Criminal Procedure but not by way of filing writ petition. The order impugned in this writ appeal requires no interference of this Court. The writ appeal lacks merits and deserves dismissal.= 4 6. In the case at hand, as submitted by the learned Assistant Government Pleader for Home, the Police, on receipt of the complaint, after enquiry, having found that the matter is of civil nature, have not registered the crime. In view of the submissions made by the learned Assistant Government Pleader and in view of the availability of the alternate efficacious remedy to the Petitioner, as held by the Hon’ble Division Bench in the judgment referred to supra, it is apposite to dispose of the Writ Petition. However, the Petitioner is at liberty to work out his remedies before appropriate forum, in accordance with law. 7. Accordingly, the Writ Petition is disposed of with the above observations. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed. ________________________________________ Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA Date:25.09.2025 Asr 5 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.26263 of 2025 Dt.25.09.2025 Asr