APHC010146152026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] THURSDAY,THE NINTH DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO: 7854/2026 Between: 1. NENAVATH MADILETI NAIK, S/O. NENAVATH DUDE NAIK AGED ABOUT 46 YEARS, 2. NENAVATH LAXMI BAI, W/O. NENAVATH MADILETI NAIK AGED ABOUT 34 YEARS, BOTH ARE RESIDENT OF D.NO.3-99, ALEBAD THANDA MUNIMADUGU (PO), PEAPULLY MANDAL NANDYAL DISTRICT 518220 ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF HOME, SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATHI, ANDHRA PRADESH .- 522237. 2. THE COMMISSIONER OF PROHIBITION AND EXCISE, , ANDHRA PRADESH PRASADAMPADU VIJAYAWADA - 521108. 3. THE SUPERINTENDENT OF POLICE, NANDYAL, NANDYAL DISTRICT, ANDHRA PRADESH - 518502. 4. THE CIRCLE INSPECTOR, PEAPULLY POLICE STATION. PEAPULLY RURAL MANDAL, NANDYAL DISTRICT- 518221. 5. THE SUBINSPECTOR OF POLICE, RACHERLA POLICE STATION, PEAPULLY MANDAL, NANDYAL DISTRICT - 518221. 2 6. THE SUBINSPECTOR OF POLICE, RACHERLA POLICE STATION, BANGANPALLI EXCISE STATION NANDYAL DISTRICT - 518124. ...RESPONDENT(S): Counsel for the Petitioner(S): 1. RAYALCHERUVU ABISHEK REDDY Counsel for the Respondent(S): 1. GP FOR HOME 2. GP FOR PROHIBITION EXCISE The Court made the following: ORDER: The Writ Petition has been filed for the following relief: <…to issue a Writ, Order or direction more particularly one in the nature of Writ of Mandamus, declaring the inaction of the 5THrespondent in not registering an FIR on the petitioner's complaint dated 07-03-2026 as illegal arbitrary, and violative of Article 14, 16 and 21 and 300A of constitution of India and also direct the respondent No. 3RD to conduct fair investigation/enquiry based on the petitioner complaint dated on 07- 03-2026 and also direct the respondent No.2 to initiate disciplinary proceedings against respondent no 5 AND 6 …= 2. Heard the learned counsel for Petitioners and learned Assistant Government Pleader. 3. Mr. R. Abishek Reddy, learned counsel for the Petitioners, submits that even though the Petitioner had submitted a complaint dated 07.03.2026 to Respondent No.5 seeking registration of an FIR, neither Respondent No.5 nor Respondent No.3 has conducted any preliminary enquiry or investigation by registering the same. 4. The learned Assistant Government Pleader for Home and Prohibition & Excise, on written instructions, submits that there was no illegal search or 3 entry into the Petitioners9 residence and the allegations are fabricated to derail the investigation. A detailed enquiry revealed the habitual involvement of Petitioner No.1 in illicit liquor activities with multiple criminal cases registered against him. The Police only visited to serve summons in Crime No.06/2026 of Banaganapalli Proh & Excise Police Station and did not enter or search the house. 5. Be that as it may, when the complaint of the Petitioners was not registered by Respondent No.5, and even Respondent No.3 failed to issue instructions to the Station House Officer of the concerned Police Station, the Petitioners have got an alternative efficacious remedy under Section 200 of 8the Cr.P.C.,9 / Section 210 read with 223 of 8the BNSS9. 6. Considering the facts and circumstances of the case, and recording the submissions of the learned counsel for the Petitioners and the learned Assistant Government Pleaders, the Writ Petition is disposed of granting liberty to the Petitioners to approach the learned Jurisdictional Magistrate by way of filing a complaint under Section 190 read with Section 200 of 8the Cr.P.C.,9 / Section 210 read with 223 of 8the BNSS9. 7. On filing of such private complaint by the Petitioners before the learned Jurisdictional Magistrate, the learned Jurisdictional Magistrate is directed to bestow his attention to the same and deal with the complaint in accordance with law. 4 8. In the result, 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: 09.04.2026 PRA 5 228 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO: 7854 of 2026 Date: 09.04.2026 PRA