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2026 DAILYLAW 15745 (AP)

SIVAMMA K v. THE STATE OF AP

WP/2617/2026 · 2026-02-26

Y Lakshmana Rao

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010042092026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] FRIDAY,THE TWENTY SEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO: 2617/2026 Between: 1. SIVAMMA K, W/O.LATE SHANMUGAM, AGED ABOUT 55 YEARS, R/O. M.K.PURAM VILLAGE, SHANTIPURAM MANDAL, CHITTOOR DISTRICT. -517173 ...PETITIONER AND 1. THE STATE OF AP, REP.BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT SECRETARIAT BUILDINGS, AMARAVATHI, GUNTUR DISTRICT. - 52223 2. THE SUPERINTENDENT OF POLICE, CHITTOOR, CHITTOOR DISTRICT-517001 3. THE DIVISIONAL SUPERINTENDENT OF POLICE, KUPPAM, CHITTOOR DISTRICT - 517001 4. THE CIRCLE INSPECTOR, KUPPAM RURAL, CHITTOOR DISTRICT - 517001 5. THE STATION HOUSE OFFICER, RALLABUDUGURU, SHANTIPURAM MANDAL, CHITTOOR DISTRICT - 517423 6. VENKATAPPA, S/O.TIMMARAYAPPA, R/O M.K.PURAM VILLAGE, SHANTIPURAM MANDAL, CHITTOOR DISTRICT-517123 7. MUNIRATNAM, S/O.CHINNA KRISHNAPPA, R/O.M.K.PURAM VILLAGE, SHANTIPURAM MANDAL, CHITTOOR DISTRICT-517123 ...RESPONDENT(S): 2 Dr. YLR, J W.P.No.2617 of 2026 Dated 27.02.2026 Counsel for the Petitioner: KODE RAMESH BABU Counsel for the Respondent(S): GP FOR HOME The Court made the following: ORDER: The Writ Petition has been filed under Article 226 of the Constitution of India seeking the following relief:- “…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 to issue a writ, order or direction more particularly one in the nature of a Writ of Mandamus declaring the action of the respondents No.2 to 5 not taken any action of the petitioners representation, complaint dated- 08.09.2025 and 19-10-2025 is illegal, arbitrary violation of principles of natural justice consequently direct the respondents to register the complaint and investigate the petitioners representation, complaint dated 08.09.2025 and 19-10-2025 forthwith and to pass….” 2. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader. 3. Sri Kode Ramesh Babu, learned counsel for the petitioner, submits that the complaints dated 08.09.2025 and 19.09.2025 submitted by Respondent Nos. 2 to 5 were neither registered as FIRs nor was any investigation conducted thereon. 4. Sri P. Ajay Babu, learned Assistant Government Pleader, on written instructions, submits that the respondents/police have considered the said representations by conducting a preliminary enquiry under 3 Dr. YLR, J W.P.No.2617 of 2026 Dated 27.02.2026 Section 173 of ‘the BNSS’ and have noticed that the dispute pending between the petitioner and the unofficial respondents is civil in nature. Therefore, no FIR was registered, and it is urged that the petition be dismissed. 5. When a complaint is submitted by any person to a police officer for registration of an FIR and for conducting an investigation, and if such complaint is not acted upon by the Investigating Officer, the petitioner has an alternative efficacious remedy under Sections 190 and 200 read with Section 223 of the BNSS. 6. In view of the availability of such an alternative efficacious remedy to the petitioner, approaching this Court by seeking a writ of mandamus is not proper. 7. Considering the above facts and circumstances of the case, and upon recording the submissions of the learned Assistant Government Pleader, the writ petition is disposed of by granting liberty to the petitioner to file an appropriate complaint before the competent Magistrate, in accordance with law. Upon such complaint being filed, the learned Magistrate is directed to consider the same and dispose of it as expeditiously as possible, in accordance with law. 4 Dr. YLR, J W.P.No.2617 of 2026 Dated 27.02.2026 8. Accordingly, 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: 27.02.2026 PBS 5 Dr. YLR, J W.P.No.2617 of 2026 Dated 27.02.2026 334 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO: 2617 of 2026 Date: 27.02.2026 PBS