APHC010028252026 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) SATURDAY,THE THIRTY FIRST DAY OF JANUARY TWO THOUSAND AND TWENTY SIX THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO: Between: 1. CHINNAMALLI NARASIMHA MURTHY, S/O. SRIRAMA MURTHY, AGED ABOUT 46 YEARS, R/O. PEDANINDRAKOLANU VILLAGE, NIDAMARRU (M), ELURU DISTRICT. 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT 2. THE SUPERINTENDENT OF POLICE, ELURU DISTRICT 3. THE STATION HOUSE OFFICER, NIDAMARRU POLICE STATION, ELURU DISTRICT - 534195 4. CHINNAMILLI NAGA SUDHA RANI, D/O. NARAYANA, R/O VEGAVARAM (V), DENDULURU MANDAL, ELURU DISTRICT - 534432 5. NELAPROLU PAPARAYUDU NANI, S/O DEVARAGOPAVARAM, NIDAMARRU MANDAL, WEST GODAVARI DISTRICT - 534195 6. KONDETI RAJESWARI, D/O KONDETI LAKSHMI VEGAVARAM (V), DENDULURU MANDAL, ELURU DISTRICT 534432 7. VALUKULA SHANTHI, D/O 1 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) SATURDAY,THE THIRTY FIRST DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO: 2345/2026 CHINNAMALLI NARASIMHA MURTHY, S/O. SRIRAMA MURTHY, AGED ABOUT 46 YEARS, R/O. PEDANINDRAKOLANU VILLAGE, NIDAMARRU (M), ELURU DISTRICT. ...PETITIONER AND THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, HOME SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT - 522238. THE SUPERINTENDENT OF POLICE, ELURU DISTRICT - 534001 THE STATION HOUSE OFFICER, NIDAMARRU POLICE STATION, 534195 CHINNAMILLI NAGA SUDHA RANI, D/O. KONDETI LAKSHMI NARAYANA, R/O VEGAVARAM (V), DENDULURU MANDAL, 534432 NELAPROLU PAPARAYUDU NANI, S/O - NOT KNOWN DEVARAGOPAVARAM, NIDAMARRU MANDAL, WEST GODAVARI KONDETI RAJESWARI, D/O KONDETI LAKSHMI NARAYANA, R/O VEGAVARAM (V), DENDULURU MANDAL, ELURU DISTRICT VALUKULA SHANTHI, D/O -NOT KNOWN-, VEERRAJU, R/O IN THE HIGH COURT OF ANDHRA PRADESH [3521] THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CHINNAMALLI NARASIMHA MURTHY, S/O. SRIRAMA MURTHY, AGED ABOUT 46 YEARS, R/O. PEDANINDRAKOLANU VILLAGE, ...PETITIONER THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, HOME SECRETARIAT BUILDINGS, VELAGAPUDI, 534001 THE STATION HOUSE OFFICER, NIDAMARRU POLICE STATION, KONDETI LAKSHMI NARAYANA, R/O VEGAVARAM (V), DENDULURU MANDAL, NOT KNOWN -, R/O DEVARAGOPAVARAM, NIDAMARRU MANDAL, WEST GODAVARI NARAYANA, R/O VEGAVARAM (V), DENDULURU MANDAL, ELURU DISTRICT - , VEERRAJU, R/O 2 SOMAVARAPPADU (V), DENDULURU MANDAL, ELURU DISTRICT - 534432 8. VALUKULA VINOD, S/O -NOT KNOWN-, R/O SOMAVARAPPADU (V), DENDULURU MANDAL, ELURU DISTRICT.- 534432 9. ANDHA DURGA RAO, S/O -NOT KNOWN TO THE PETITIONER-, R/O STEEL PLANT, SECTOR-11 VISAKHAPATNAM DISTRICT - 530031 10. ANDHA KUMARI, W/O ANDHA DURGA RAO, R/O STEEL PLANT, SECTOR-11 VISAKHAPATNAM DISTRICT - 530031 11. SAILU, W/OSRINU, R/O SATRAMPADU, ELURU ELURU DISTRICT - 534001 12. SRINU, S/O -NOT KNOWN TO THE PETITIONER- R/O SATRAMPADU, ELURU ELURU DISTRICT - 534001 ...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 topleased to issue a Writ, Order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action and inaction of the 3rd Respondent Station House Officer, Nidamarru Police Station, West Godavari District, in not registering the Petitioners complaint, despite clear disclosure of cognizable offences under Sections 406, 408, 420, 120-B, 328 and 307 IPC, as illegal, arbitrary and violative of Articles 14 and 21 of the Constitution of India and Consequently direct the 3rd Respondent Police to forthwith register a case on the basis of the Petitioners written complaint 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 Respondent No. 2 to receive and register the Petitioners complaint as an FIR and commence preliminary irivestigation forthwith, pending disposal of the above writ petition and pass Counsel for the Petitioner: 1. UDAY KUMAR VAMPUGADAVALA 3 Counsel for the Respondent(S): 1. GP FOR HOME The Court made the following: 4 ORDER: The Writ Petition has been field under Article 226 of the Constitution of India seeking the following relief” “...to issue a Writ, Order or direction more particularly one in the nature of writ of mandamus declaring the action and inaction of the 3rd Respondent Station House Officer, Nidamarru Police Station, West Godavari District, in not registering the Petitioners complaint, despite clear disclosure of cognizable offences under Sections 406, 408, 420, 120-B, 328 and 307 IPC, as illegal, arbitrary and violative of Articles 14 and 21 of the Constitution of India and Consequently direct the 3rd Respondent Police to forthwith register a case on the basis of the Petitioners written complaint and pass..” 2. Heard Sri Uday Kumar Vampugadavala, learned counsel for the petitioner and Sri P.Ajay Babu, learned Assistant Government pleader for Home. 3. Sri Uday Kumar, learned counsel for the petitioner, submits that the 3rd respondent has not registered the complaint of the petitioner, despite it clearly discloses cognizable offences punishable under Sections 406, 408, 420, 120- B, 328 and 307 Indian Penal Code, 1860. 4. Learned Assistant Government Pleader for Home, on written instructions, submits that the petitioner has not given any representation on 04.11.2025. However, the police received a representation from the petitioner through PGRS vide No. ELR202512158681 dated 15.12.2025, which was 5 endorsed to the Sub-Inspector of Police, Nidamarru, i.e., respondent No.3. Upon enquiry, it was noticed that on 06.06.2024, the petitioner had already lodged a similar complaint relating to the same set of allegations before respondent No.3, it was registered as Crime No.98 of 2024 under Sections 408 and 506 read with Section 34 of the IPC. A charge sheet was filed and a Calendar Case number was also obtained. Similarly, a case was registered against the complainant at the Women Police Station, Eluru, vide Crime No.109 of 2024, for the alleged offence punishable under Section 85 of the Bharatiya Nyaya Sanhita (BNS) 5. In view of the above, this Court is of the opinion that the petitioner has got an efficacious alternative remedy of filing a private complaint 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), before the jurisdictional Magistrate. 6. Accordingly, the Writ Petition is disposed of, granting liberty to the petitioner to invoke the alternative efficacious remedy available before the learned Jurisdictional Magistrate, in accordance with law and the provisions of the BNSS. 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: 31.01.2026 KKV