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2026 DAILYLAW 1111 (AP)

GANJI VENKATESWARLU v. THE STATE OF ANDHRA PRADESH

WP/11458/2026 · 2026-04-27

Subhendu Samanta

body2026

Judgment text

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APHC010188302026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3560] TUESDAY, THE TWENTY EIGHTH DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBHENDU SAMANTA WRIT PETITION NO: 11458/2026 Between: 1. GANJI VENKATESWARLU, S/O GANJI YELLAMANDA, AGED ABOUT 51 YEARS, OCC SENIOR SECTION ENGINEER, INDIAN RAILWAYS, R/O D.NO.76-13-85/SF301, SAI TOWERS-3, JOJI NAGAR, VIJAYAWADA - 520012. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT - 522237. 2. THE DIRECTOR GENERAL OF POLICE, ANDHRA PRADESH STATE, POLICE HEADQUARTERS, MANGALAGIRI, GUNTUR DISTRICT - 522502. 3. THE COMMISSIONER OF POLICE, VIJAYAWADA CITY, PINGALI VENKAIAH MARG, NEAR PWD GROUND, SURYARAOPETA, VIJAYAWADA - 520002. 4. THE ASSISTANT COMMISSIONER OF POLICE, WEST ZONE, VIJAYAWADA CITY, KOTHAPET, VIJAYAWADA - 520001. 5. THE STATION HOUSE OFFICER, II-TOWN (KOTHAPET) POLICE STATION, VIJAYAWADA CITY, NTR DISTRICT - 520001. 6. KARASALA JYOTHI, W/O LATE KAMBAMPATI KISHORE, AGED ABOUT 41 YEARS, OCC TECHNICIAN-1, RAILWAYS, R/O M-6 2 SECTION, ELECTRICAL LOCO SHED, VIJAYAWADA.-520001 ...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 writ petition or order or direction more particularly one in the nature of Writ of Mandamus to declare the action of the Respondents No.2 to 5 especially Respondent No.5 in not taking any action and refusing to register an FIR on the complaint given by the petitioner against Respondent No. 6 as, illegal, arbitrary, contrary to the provisions of the Bharatiya Nagarik Suraksha Sanhita, 2023 and in violation of Articles 14 and 21 of the Constitution of India and consequently to direct the Respondent No.5 to register the FIR basing on the complaint of the petitioner and initiate a fair investigation under appropriate sections of the BNS 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 to direct the Respondent No.5 to register the FIR basing on the complaint of the petitioner, and initiate a fair investigation under appropriate sections of the BNS to secure the ends of justice and ensure the safety of the petitioner and pass IA NO: 2 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 to direct Respondents No.3 to 6 to register the FIR basing on the complaint of the petitioner, and initiate a fair investigation under appropriate sections of the BNS to secure the ends of justice and ensure the safety of the petitioner and pass Counsel for the Petitioner: 1. ALLA RAMA KRISHNA Counsel for the Respondent(S): 1. GP FOR HOME 3 The Court made the following Order: The instant writ petition is filed seeking necessary direction for non- action on the part of the police authorities in registering FIR on the basis of the petitioner’s complaint dated 16.03.2026. 2. Learned Assistant Government Pleader for Home submits that on the basis of the complaint of the petitioner, a preliminary enquiry is conducted. After completion of preliminary enquiry, the police authority is of the view that the allegation in the complaint is false and baseless. 3. It is submitted by the learned counsel for the State that the result of the preliminary enquiry was informed to the petitioner. However, the petitioner is not admitting the fact. 4. After taking note of the submissions of the parties and also taking note of the written instructions by the concerned authority, it shows that the allegations in complaint by the petitioner not believed by them. The police authority is of the opinion that the complaint is vague. However, the petitioner is at liberty to approach jurisdictional Magistrate in respect of his complaint and to act according to law. 5. Since police authority has already acted on the complaint, alleged inaction of police is not made out. 4 6. On the above observation, the instant Writ Petition is dismissed. There shall be no order as to costs. As a sequel, pending miscellaneous applications, if any, shall stand disposed of. ____________________________ JUSTICE SUBHENDU SAMANTA Date : 28.04.2026 SPP 5 THE HON’BLE SRI JUSTICE SUBHENDU SAMANTA WRIT PETITION No.11458 of 2026 Dated 28.04.2026 SPP