APHC010027442026 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: 1838/2026 Between: 1. N GANESH, S/O P. NARAYANAPPA, AGED ABOUT 39 YEARS, RIO AMMAVARIPETA, KOLAMADUGU GRAM PANCHAYAT, SHANTHIPURAM MANDAL, CHITTOOR DISTRICT, ANDHRA PRADESH. - 517423 ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT, AMARAVATI, ANDHRA PRADESH.-522238 2. THE SUPERINTENDENT OF POLICE, CHITTOOR DISTRICT, ANDHRA PRADESH- 517001 3. THE DEPUTY SUPERINTENDENT OF POLICE, KUPPAM SUB- DIVISION,CHITTOOR DISTRICT, ANDHRA PRADESH.-517425 4. THE CIRCLE INSPECTOROF POLICE, KUPPAM POLICE STATION, CHITTOORDISTRICT, ANDHRA PRADESH-517425 5. THE SUBINSPECTOROF POLICE, RALLABUDUGURU POLICE STATION, SHANTHIPURAM MANDAL, CHITTOOR DISTRICT, ANDHRA PRADESH.-517423 6. M GOVINDAPPA, S/O OF LATE. K MUNEPPA, AGED 49 YEARS, RIO AMMAVARIPETA VILLAGE, DANDIKUPPAM POST, SANTHIPURAM MANDAL, CHITTOOR DISTRICT, ANDHRA PRADESH.,-517423 7. SUGUNAMMA, D/O LATE. K MUNEPPA, AGED. 35 YEARS, RIO AMMAVARIPETA VILLAGE, DANDIKUPPAM POST, SANTHIPURAM MANDAL, CHITTOOR DISTRICT, ANDHRA PRADESH.,-517423 8. VIJAYAMMA, W/O S RAMAPPA AND D/O LATE. K. MUNEPPA, AGED 54 YEARS, HINDU, AGRICULTURIST, RIO KOLAMADUGU VILLAGE, DANDIKUPPAM POST, SANTHIPURAM POST, CHITTOOR DISTRICT, ANDHRA PRADESH -517423 ...RESPONDENT(S): Counsel for the Petitioner: 1. KODE RAMESH BABU Counsel for the Respondent(S): 1. GP FOR HOME The Court made the following: THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO: 1838 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 Mandamus directing the Respondents, particularly the 5th Respondent, to forthwith register an FIR based on the Petitioner's complaint dated 03.12.2025 and to conduct a fair and expeditious investigation in accordance with law consequently Direct the Respondents to provide adequate protection to the Petitioner and his family against any threats from the accused persons…” 2. Heard Ms. K. Gayathri Sasira, learned counsel for the Petitioner and Mr. P. Ajay Babu, learned Assistant Government Pleader, Home for the Respondents No. 1 to 5. 3. Learned counsel for the Petitioner would submit that Respondent No.5 has not registered the complaint of the Petitioner dated 03.12.2025 and conduct fair and expeditious investigation as per law and for protection of the Petitioner and his family against threats from the Accused persons. 4. Learned Assistant Government Pleader, Home for the Respondents No. 1 to 5, on written instructions, would submit that based on a complaint given by the Petitioner, a preliminary enquiry was conducted under Section 173 of Bharatiya Nagarik Suraksha Sanhita, 2023, wherein, it was found that there is a civil dispute pending in between the Petitioner and other persons vide O.S.No.158 of 2025 on the file of learned Additional Judicial Magistrate of First Class, Kuppam. 5. It is further submitted that the wife of the Petitioner by name Mrs. Navaneetha has submitted a complaint against the Petitioner and unofficial Respondents, which was registered as Crime No.106 of 2025 punishable under Sections 329(3), 126(2), 115(2), 351(2) read with 3(5) of Bharatiya Nyaya Sanhita, 2023. After thorough investigation, Charge Sheet has been filed on 30.09.2025 before learned jurisdictional Magistrate, which was numbered as C.C.No. 639 of 2025, which is pending for trial. If the complaint of the Petitioner is not registered as FIR by the Respondent No.5, the Petitioner has got an alternative efficacious remedy to approach jurisdictional Magistrate under Section 190 read with 200 Cr.P.C, corresponding to Section 210 read with 223 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. It appears that the Petitioner has not invoked such remedy. 6. Considering the facts and circumstances of the case, the Writ Petition is disposed of, granting liberty to the Petitioner to file appropriate complaint before learned jurisdictional Magistrate under Section 190 read with 200 Cr.P.C, corresponding to Section 210 read with 223 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. 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