::1:: APHC010263842026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE 15th DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 17040 OF 2026 Between: 1. CHOLAMANDALAM INVESTMENT AND FINANCE COMPANY LIMITED, Registered office at Chola Crest, C-54 and C-55, Super B-4, Thiru Industrial Estate, Guindy, Chennai- 600032 Its Branch ofifce at Eluru represented by its authorised person, Palleti Sivanagaraju, S/o Srinivasarao, Office at 31d and 4th Floor, Upstairs of Nyka, Postal Colony, Old Somalamma Temple Road, Rajahmundry- 533103. ...Petitioner AND 1. THE STATE OF ANDHRA PRADESH, Represented by its Principal Secretary, Home Department, at Secretariat, Velagapudi, Amaravati, Guntur District-522238. 2. The Director General Police, State of Andhra Pradesh, Mangalagiri, Guntur District, Andhra Pradesh - 522503. 3. The Superintendent of Police, Eluru District, Eluru-534001. ::2:: 4. The Station House Officer, Bhimadolu Police Station, Eluru District - 534425. 5. Bhaghavatula Hema Kumar, Resident of 4-21/1, Main Road, Gundugolanu, Bhimadolu, Eluru District-534427. 6. Bhaghavatula Padmaja, Resident of 4-21/1, Main Road, Gundugolanu, Bhimadolu, Eluru District-534427. 7. Bhaghavatula Vasundara Devi, W/o Venkata Sesha Girl Rao, Age 49 years, Resident of 4-21/1, Main Road, Gundugolanu, Bhimadolu, Eluru District-534427. 8. Bhaghavatula Ravi Teja, Resident of 4-21/1, Main Road, Gundugolanu, Bhimadolu, Eluru District-534427. ...Respondents 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 a Writ or direction, more particularly one in the nature of Writ of Mandamus, declaring the inaction of 4th Respondent on my report dated 28.04.2026, against the 5 to 8 respondents, who assaulted me and illegally took the possession of the house to an extent of 162-3 Sq. yards, along with a Celler and Ground and First Floors Residential RCC Building, situated at D. No. 4- 21, Block No.4, R.S. No. 228/1, Gundugolanu Village, Bhimadole Mandal, Eluru District-534425 which is arbitrary, unlawful, unjust against the principles of natural justice and violation of Article 14 21 of Constitution of India and ::3:: consequently, to direct the 4h respondent to take necessary action on my report dated 28.04.2026 and evict the respondents no. 5 to 8 from the subject house and register crime against them as per law and pass IA NO: 1 OF 2026 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 4h respondent to take immediate action on my representation dated 28.04.2026, by registering the crime against the respondents No. 5 to 8 and proceed with the case as per law and pass s Counsel for the Petitioner: B V KRISHNA REDDY Counsel for the Respondents: GP FOR HOME Counsel for the Respondents: SATYANARAYANA DHARA ::4:: THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION No.17040 OF 2026 O R D E R: Instant Writ Petition has been filed under Article 226 of the Constitution of India seeking the following relief: “to issue a Writ or direction, more particularly one in the nature of Writ of Mandamus, declaring the inaction of 4th Respondent on my report dated 28.04.2026, against the 5 to 8 respondents, who assaulted me and illegally took the possession of the house to an extent of 162-3 Sq. yards, along with a Celler and Ground and First Floors Residential RCC Building, situated at D. No. 4- 21, Block No.4, R.S. No. 228/1, Gundugolanu Village, Bhimadole Mandal, Eluru District-534425 which is arbitrary, unlawful, unjust against the principles of natural justice and violation of Article 14 21 of Constitution of India and consequently, to direct the 4h respondent to take necessary action on my report dated 28.04.2026 and evict the respondents no. 5 to 8 from the subject house and register crime against them as per law and pass”. 2. Heard learned counsel for the petitioner and learned Assistant Government Pleader for Home appearing on behalf of Respondent Nos.1 to 4 and perused the material placed available on record. 3. Conspectus of facts in the present Writ Petition is that, despite the petitioner’s complaint to the police personnel, the ::5:: respondent police are not acting upon the same by registering an FIR, thereby lodging criminal proceedings. 4. Learned Assistant Government Pleader for Home, basing on the written instructions of the Respondent/Police, submits that preliminary enquiry of the police reveals that the petitioner’s complaint does not disclose commission of any cognizable offence. As such, Writ Petition itself is not maintainable. 5. Now, coming to the central issue in the lis, despite the petitioner’s complaint, the police are not registering an FIR; the aggrieved party directly initiating proceedings before the Hon’ble High Court under Article 226 of the Constitution of India or Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 corresponding to Section 482 of the Code of Criminal Procedure, 1973. 6. In this juncture, it is appropriate to note that the issue involved in the present lis, is squarely covered by the Order of this Court dated 23.07.2026 in WP No.18425 of 2026, wherein this Court appreciated the facts and law by taking into consideration of the dictums laid down by the Apex Court ::6:: including latest expression held in Sujal Vishwas Attavar and another vs. State of Maharashtra and others1, wherein it was held as under: “7. Keeping in view the above exposition of law, we find that the extraordinary jurisdiction under Article 226 of the Constitution of India ought not to have been invoked when alternative equally efficacious statutory remedies were available. If a person has a grievance that his FIR has not been registered by the police, or having been registered, proper investigation is not being conducted, then the remedy does not ordinarily lie in invoking the writ jurisdiction in the first instance, but in seeking recourse to the statutory framework, unless of course the urgency of the circumstances warrant otherwise. 8. The Bharatiya Nagarik Suraksha Sanhita 2023 (erstwhile Code of Criminal Procedure, 1973) provides a structured sequential mechanism for initiating criminal prosecution. The statutory framework contemplates that information relating to the commission of a cognizable offence is first placed before the officer-in-charge of the police station and an FIR is registered under Section 173(1) BNSS. In the event of refusal to register the FIR, recourse lies before the jurisdictional Superintendent of Police under Section 173(4) BNSS and, thereafter, before the Magistrate, under Section 175(3) BNSS. 1 2026 SCC OnLine SC 798 ::7:: 9. xxxx. 10. xxxx. 11. The High Court is not bound to entertain a writ petition merely because a case of alleged inaction or negligence is made out against a statutory authority. Ordinarily, where a statute provides a complete and efficacious remedy, the same must be exhausted before invoking constitutional jurisdiction [See: Sakiri Vasu (supra) and Sudhir Bhaskarrao Tambe (supra)]. In the present facts, the complainant Company has not exhausted the sequential statutory remedies available under BNSS. There is, therefore, no foundation to invoke the extraordinary jurisdiction of the High Court for the reason that efficacious and efficient alternative remedies exists. Hence, at this stage, we find the instant writ petition to be premature, and, therefore, not fit to be entertained.” 7. Accordingly, by applying the above ratio too, this Writ Petition is disposed of as under: i) Liberty is granted to the petitioner to approach the learned jurisdictional Magistrate by filing appropriate complaint under Section 175(3) and 210 read with 223 of BNSS, 2023. ::8:: ii) This Court has not expressed any opinion on merits and whether or not the complaint discloses criminal offences. iii) Equally, it will be open to all the stakeholders to avail remedies in terms of the statutory realm.” There shall be no order as to costs. 8. Registry is directed to append a copy of the Order of this Court dated 23.07.2026 in WP No.18425 of 2026 to this Writ Petition. As a sequel, interlocutory applications, if any, pending shall stand closed. ______________________________ MAHESWARA RAO KUNCHEAM, J Dated:15.09.2026 Krk ::9:: THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM 67 WRIT PETITION No.17040 OF 2026 Dt: 15.09.2026 Krk