APHC010015142026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] WEDNESDAY, THE TWENTY EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO: 1449/2026 Between: Cholamandalam Investment And Finance Company Ltd ...PETITIONER AND The State of Ap and others ...RESPONDENT(S) Counsel for the Petitioner: 1. HEMADRI V S S R R CHANDRAKANTH Counsel for the Respondent(S): 1. GP for Home The Court made the following: ORDER: Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Home. 2. The learned counsel for the petitioner submits that the complaint lodged by the petitioner was not registered as an FIR by the investigating officer, though it discloses a cognizable offence. 2 3. Sri Ajay Babu, learned Assistant Government Pleader for Home, on instructions, submits that the police conducted a preliminary inquiry and found that the complaint is civil in nature. 4. The learned counsel for the petitioner further submits that the petitioner issued a possession notice dated 07.07.2025, as contemplated under Section 13(4) of the SARFAESI Act read with Rule 8(1) of the Security Interest (Enforcement) Rules, 2002, and took physical possession of the secured immovable property. 5. Be that as it may, if the complaint of the petitioner was not registered as an FIR by the 3rd respondent, the petitioner has an alternative remedy to approach either the 2nd respondent or the jurisdictional Magistrate. 6. In view of the legal position under Section 190 read with Section 200 of the Code of Criminal Procedure, 1973 / Section 210 read with Section 223 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity, “the BNSS”), the writ petition is disposed of, granting liberty to the petitioner to invoke the alternative efficacious remedy available to him. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. ________________________ Dr.Y. LAKSHMANA RAO, J. Date: 28.01.2026 KMS 3 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION No.1449 of 2026 Date: 28.01.2026 KMS 117