POLAMARASETTY MAHALAKSHMI v. THE STATE OF ANDHRA PRADESH
WP/1215/2026 · 2026-01-28
Y Lakshmana Rao
body2026
DailyLaw.ai
[ 2026 DAILYLAW 14442 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 14442 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010006452026
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] THURSDAY,THE TWENTY NINETH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO: 1215 OF 2026 Between:
1. POLAMARASETTY MAHALAKSHMI, W/O. LATE SURYANARAYANA, AGED ABOUT 76 YEARS, OCC. HOUSEWIFE, R/O. D.NO 10-67, YELLAPUVANIPALEM,
GOPALAPATNAM, VISAKHAPATNAM. 530001
2. POLAMARASETTY NAGAESWARA RAO,, S/O. LATE SURYANARAYANA, AGED ABOUT 56 YEARS, OCC. RETIRED EMPLOYEE,
R/O. D.
NO. 6-105, NAIDU QUARTERS, GOPALAPATNAM, VISAKHAPATNAM. 530001
3. POLAMARASETTY RAMJI,, S/O. LATE SURYANARAYNA, AGED ABOUT 55 YEARS, OCC. LEGAL PRACTITIONER, R/O. D.NO. 58-1- 245, GOWN I NAGAR, NAD, KOTHA ROAD, VISAKHAPATNAM. 530001
4. CHEDRAM LALITHA,, WO. SURIBABU, AGED ABOUT 56 YEARS, OCC. HOUSEWIFE, R/O. D.NO. 58-1-245, GOWRI NAGAR, NAD, KOTHA ROAD, VISAKHAPATNAM. 530001
...PETITIONER(S) AND
1. THE STATE OF ANDHRA PRADESH, REP BY PRL. SECRETARY, HOME DEPARTMENT,
SECRETARIAT, VELAGAPUDI, AMARAVATHI-522237
2. THE COMMISSIONER OF POLICE, VISAKHAPATNAM COMMISSIONERATE, VISAKHAPATNAM, 530001
3. THE STATION HOUSE OFFICER, GOPALAPATNAM POLICE STATION, VISAKHAPATNAM, 530001
4. THUMPALA CHINA THALLI, W/O LATE APPA RAO, AGED ABOUT 64 YEARS, OCC. HOUSE WIFE, R/O. D.NO.19-63, CHANDRA NAGAR, GOPALAPATNAM, VISAKHAPATNAM. 530001
5. VADRANI VARA LAKSHMI, W/O. KONDA BABU, AGED ABOUT 44 YRS, OCC. HOUSE WIFE, R/O. D.NO.19-63, CHANDRA NAGAR, GOPALAPATNAM, VISAKHAPATNAM. 530001
6. BALIREDDY GOWN, W/O. SATYANARYANA, AGED ABOUT 43 YRS, OCC. HOUSE WIFE, R/O. D.NO.19-63, CHANDRA NAGAR, GOPALAPATNAM, VISAKHAPATNAM. 530001
7. THUMMAPALA ESWARA RAO, S/O. LATE CHINNA APPANNA, AGED ABOUT 44 YRS, OCC. PRIVATE, R/O. D.NO.19-33, CHANDRA NAGAR, GOPALAPATNAM, VISAKHAPATNAM. 530001
8. THUMMAPALA JUVVI NAIDU, S/O. LATE CHINNA APPANNA, AGED ABOUT 55 YRS, OCC. PRIVATE, R/O. D.NO.19-34, CHANDRA NAGAR, GOPALAPATNAM, VISAKHAPATNAM. 530001
9. THUMPALA PRASANNA KUMAR, S/O. LATE JUVVI NAIDU, AGED ABOUT 30 YRS, OCC. PRIVATE, R/O. D.NO.19-63, CHANDRA NAGAR, GOPALAPATNAM, VISAKHAPATNAM. 530001
10. THUMPALA GEETHA, W/O. LATE SRINIVASA RAO, AGED ABOUT 41 YRS, OCC. HOUSE WIFE, RIO. D.NO.19-63, CHANDRA NAGAR, GOPALAPATNAM, VISAKHAPATNAM. 530001
11. THUMPALA SATYAVATHI, W/O. LATE DEVUDU, AGED ABOUT 52 YRS, OCC. HOUSE WIFE, RIO. D.NO.19-63, CHANDRA NAGAR, GOPALAPATNAM, VISAKHAPATNAM. 530001
12. THUMPALA VIJAYA KUMAR, S/O. LATE DEVUDU, AGED ABOUT 34 YRS, OCC. PRIVATE, R/O. D.NO.19-63, CHANDRA NAGAR, GOPALAPATNAM, VISAKHAPATNAM. 530001
13. KORUKONDA VENKATA LAKSHMI, W/O. SURESH, AGED ABOUT 38 YRS, OCC. HOUSE WIFE, R/O. D.NO.19-63, CHANDRA NAGAR, GOPALAPATNAM, VISAKHAPATNAM. 530001
14. BOORLA MANGA, W/O. BOORLA RAMU, AGED ABOUT 42 YRS, OCC. HOUSE WIFE, R/O D.NO. 3-1, LAKKAVARAPUKOTA
VILLAGE AND MANDAL, VIZIANAGARAM DISTRICT. 530001
15.
THUMPALA SRINIVASA RAO, S/O. ESWARA RAO, AGED ABOUT 39 YRS, OCC. PRIVATE, R/O. D. NO.19-33, CHANDRA NAGAR, GOPALAPATNAM, VISAKHAPATNAM. 530001
16. PITANI SRINIVASA RAO, S/O. LATE SURYANARAYANA, AGE 53 YEARS, OCC. PRIVATE, R/O. D. NO. 19-266/6,.. CHANDRA NAGAR, GOPALAPATNAM, VISAKHAPATNAM 530001
17. THANDRANGI RAMA RAO, S/O. LATE. GURUNAIDU, AGE 48 YEARS, OCC. PRIVATE, R/O. 19-33/4, CHANDRA NAGAR, GOPALAPATNAM, VISAKHAPATNAM 530001
...RESPONDENT(S): Counsel for the Petitioner(S):
1. P S P SURESH KUMAR Counsel for the Respondent(S):
1. GP FOR HOME
THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO: 1215 OF 2026 ORDER:-
This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief:
“….to issue order or orders, direction or directions, Writ or Writs particularly one in the nature Writ of Mandamous declaring the action of Respondent No.3 in not registering the FIR basing on the Written Complaint dated 03-11-2025 submitted by the Petitioners is illegal, arbitrary and violation of principles of Natural Justice, violation of Articles 14 and 21 of the Constitution of India, and consequently direct the Respondent No.3 to register the FIR forthwith against the Respondents No. 4 to 15 basing on the Written Complaint received from the petitioners…”
2. Heard Sri P.S.P.Suresh Kumar, learned counsel for the Petitioners and Sri P. Ajay Babu, learned Assistant Government Pleader for Home for the Respondents No.1 to 3. 3. Learned counsel for the Petitioners submits that the Respondent No.3 has not registered the complaint of the Petitioner No.1 as F.I.R, despite several repeated requests. 4. Learned Assistant Government Pleader, Home for the Respondents No.1 to 3, on written instructions, would submit that the Respondent No.3 having received the complaint considered it in detail and observed that the case is of the civil in-nature. 5.
It appears that aggrieved by the inaction of the Respondent No.3 in registering the complaint of the Petitioner as FIR, the Petitioner No.1 has also submitted a request to the Respondent No.2 to direct the Respondent No.3 to
register a case. Even that request was not considered by the Respondent No.2. Having aggrieved by the inaction of the Respondents 2 and 3, the present Writ Petition was filed. 6. Be that as it may, the Petitioner No.1 has got an alternative efficacious remedy under Section 190 read with 200 Cr.P.C corresponding to Section 210 read with 223 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 by way of filing a private complaint before the jurisdictional Magistrate. In view of availability of such remedy, the Writ Petition is disposed of, having considered the entire gamut of the case, granting liberty to the Petitioners to approach the jurisdictional Magistrate and make appropriate complaint under Section 190 read with 200 Cr.P.C corresponding to Section 210 read with 223 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. On such filing of the complaint, learned Magistrate concerned is directed to bestow his attention for disposal of the complaint in accordance with law as early as possible. 7. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall stand closed. _________________________ DR. Y. LAKSHMANA RAO, J Date: 29.01.2026 KK