APHC010026622026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] FRIDAY, THE TWENTY THIRD DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO: 1858/2026 Between: 1. GANDI MARIYAMMA,, W/O LATE GABRIEL, AGED 61 YEARS, RESIDENT OF APPANNACHERUVU, PENUMADAM VILLAGE, PODUR MANDAL. WEST GODAVARI DISTRICT 534267 ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT.522238 2. SUPERINTENDENT OF POLICE, BHIMAVARAM, W.G. DISTRICT 534201 3. DY SUPERINTENDENT OF POLICE, NARASAPURAM, W. G. DISTRICT 534275 4. THE CIRCLE INSPECTOR OF POLICE, PODURU POLICE STATION, PODURU, W.G. DISTRICT.534327 5. THE STATION HOUSE OFFICER, PODURU POLICE STATION, W.G. DISTRICT.534327 6. GANDI KRISHNAVENI, W/O SRINU, AGED ABOUT 34 YEARS, UTTARA KAVITAM VILLAGE, PODUR MANDAL. WEST GODAVARI DISTRICT.534338 2 Dr. YLR, J W.P.No.1858 of 2026 Dated 23.01.2026 7. CHUTUGULLA NAGESWARA RAO, HIS FATHER'S NAME NOT KNOWN TO THIS PETITIONER, AGED 62 YEARS, RESIDING AT UTTARA KAVITAM VILLAGE, PODUR MANDAL. WEST GODAVARI DISTRICT534338 8. CHUTUGULLA MANGADEVI, W/O NAGESWARA RAO, AGED ABOUT 58 YEARS, RESIDENT OF UTTARA KAVITAM VILLAGE, PODUR MANDAL. WEST GODAVARI DISTRICT. 534338 9. CHUTUGULLA PURNIMA, D/O NAGESWARA RAO, AGED 36 YEARS, RESIDENT OF UTTARA KAVITAM VILLAGE, PODUR MANDAL. WEST GODAVARI DISTRICT-534338 10. CHUTUGULLA NAGARAJU, HIS FATHER'S NAME NOT KNOWN TO THIS PETITIONER, AGED 60 YEARS, RESIDING AT UTTARA KAVITAM VILLAGE, PODUR MANDAL. WEST GODAVARI DISTRICT534338 11. CHADALAWADA VIJAY BABU, HIS FATHER'S NAME NOT KNOWN TO THIS PETITIONER, AGED 58 YEARS, RESIDING AT UTTARA KAVITAM VILLAGE, PODUR MANDAL. WEST GODAVARI DISTRICT. 534338 12. YADAMREDDY SUMANTH, S/O SITARAMASWAMY, AGED ABOUT 50 YEARS, RESIDENTOF D.NO.4--L, KOTHAPETA, NEAR RAMALAYAM, PALAKOLLU, W.G. DISTRICT.-534260 ...RESPONDENT(S): Counsel for the Petitioner: V KIRAN KUMAR Counsel for the Respondent(S): GP FOR HOME The Court made the following: 3 Dr. YLR, J W.P.No.1858 of 2026 Dated 23.01.2026 ORDER: The Writ Petition has been filed under Article 226 of the Constitution of India seeking the following relief:- “…to issue any writ, order or direction more particularly one in the nature of Writ of Mandamus to declare the action of the respondents 2 to 5 especially respondent No. 5 in not taking any action against the respondents 6 to 12 on the report/complaint dt. 18.12.2025 given by me as, illegal, arbitrary and contrary to the provisions of the Bharatiya Nagarik Suraksha Sanhita, 2023 and also violation of principles of natural justice and also violation of Article 14, 19 and Art. 21 of the Constitution of India and consequently to direct the Respondent No.5 to register the FIR basing on the report/complaint of the petitioner dt. 18.12.2025….” 2. Heard the learned counsel for the Petitioner and the learned Assistant Government Pleader. 3. As seen from the record, the present Writ Petition has been filed questioning the inaction of Respondent No.5 in registering the petitioner’s complaint as an FIR. 4. The learned Government Pleader, on instructions, submits that on 20.01.2026, based on the complaint lodged by the petitioner, the police called both parties for counseling. But, the petitioner and his relatives did not appear before the concerned police for counseling. 5. If the complaint of the petitioner discloses cognizable offences and the Station House Officer has failed to take action, the petitioner has got liberty to approach the higher authorities, i.e., Respondent No.2. Even if Respondent 4 Dr. YLR, J W.P.No.1858 of 2026 Dated 23.01.2026 No.2 does not pass any order on the petitioner’s complaint, the petitioner is at liberty to file a complaint before the learned jurisdictional Magistrate under Section 190 read with 200 of ‘the Cr.P.C’/Section 210 read with 223 of ‘the BNSS’. 6. In view of the above, the writ petition is disposed of, granting liberty to the petitioner to file a complaint before the learned jurisdictional Magistrate regarding his grievance. Upon such complaint being filed, the learned Magistrate is directed to proceed in accordance with law. 7. 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: 23.01.2026 PRA 5 Dr. YLR, J W.P.No.1858 of 2026 Dated 23.01.2026 30 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO: 1858 of 2026 Date: 23.01.2026 PRA