BALLIPALLI VENKATA NAGASAI PAVAN KUMAR v. THE SUPERINTENDENT OF POLICE
WP/2855/2026 · 2026-03-11
Y Lakshmana Rao
body2026
DailyLaw.ai
[ 2026 DAILYLAW 15828 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 15828 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010045912026
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] THURSDAY,THE TWELFTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO: 2855/2026 Between:
1. BALLIPALLI VENKATA NAGASAI PAVAN KUMAR, @PRABHU KUMAR S/O VENKATESWARLU AGED ABOUT 27, OCC PASTOR, BOBBEPALLI VILLAGE AND MANDAL, BAPATLA DISTRICT-523301. ...PETITIONER AND
1. THE SUPERINTENDENT OF POLICE, BAPATLA DISTRICT, BAPATLA - 522101
2. THE STATION HOUSE OFFICER OF MARTUR, MARTUR MANDAL, BAPATLA DISTRICT - 523301
3. S HUSSENAMMA MAHIMA KUMARI, D/O, AGED ABOUT 28, NANDYALA, BALAJI COMPLEX, ATMAKUR ROAD, SALIM NAGAR, NANDYALA TOWN, NANDYALA DISTRICT - 518502. 4. VKR LIVE TV, IT S REPRESENTED BY YALAMANCHILI VIJAY KUMAR@VKR, PORUSHOTTAPALLI, NIDADAVOLU MANDAL, WEST GODAVARI DISTRICT - 534302
...RESPONDENT(S): Counsel for the Petitioner:
SIVANAYAK KORRA
Counsel for the Respondent(S):
GP FOR HOME
2 Dr. YLR, J W.P.No.2855 of 2026 Dated 12.03.2026
The Court made the following:
ORDER:
The Writ Petition has been filed under Article 226 of the Constitution of India seeking the following relief:-
“…to issue an appropriate Writ, Order or Direction, more particularly a Writ of Mandamus, declaring the action and continued inaction of Respondent Nos. 1 and 2 in not taking timely and effective action on the Petitioners complaints dated 10.01.2026 and 27.01.2026, despite serious and continuing prejudice caused to the Petitioner, as illegal, arbitrary, unjust, and violative of Articles 14 and 21 of the Constitution of India, and pleased to Direct Respondent No. 1,2 to conduct a fair investigation based on the complaints dated 10.01.2026 and 27.01.2026, register an F.I.R., against respondents 3,4, and take strict legal action against Respondents No. 3 and 4. and consequently direct the Respondent Nos. 1 and 2 to conduct a fair, impartial, and expeditious inquiry, including appropriate medical and scientific examination as sought by the Petitioner, and further restrain Respondent Nos. 3 and 4 from circulating, publishing, telecasting, or disseminating any false, defamatory, or unverified allegations against the Petitioner in any manner whatsoever, pending disposal of the present Writ Petition, and pass….”
2. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader. 3. Sri.
K. Sivanayak, learned counsel for the petitioner, submits that respondent Nos.2 & 3 have not registered an FIR pursuant to the complaints dated 10.01.2026 and 27.01.2026 filed by the petitioner against respondent Nos.4 & 5, despite the contents of the complaints clearly disclosing the commission of cognizable offences. 4. Sri P. Ajay Babu, learned Assistant Government Pleader, on written instructions, submits that the complaints of the petitioner dated 10.01.2026 and 27.01.2026 do not disclose any cognizable offences and, therefore,
3 Dr. YLR, J W.P.No.2855 of 2026 Dated 12.03.2026
respondent Nos.2 & 3 could not act upon the same and FIR was not registered as the complaints submitted by the petitioner would come under the law of defamation which has to be enquired by the learned Civil Court. Hence, it is urged to dismiss the petition. 5. Be that as it may, the petitioner has an alternative and efficacious remedy before the learned jurisdictional Magistrate by way of filing a private complaint. If the petitioner is of the view that his complaint discloses a cognizable offence and is liable to be registered as an FIR, and that respondent Nos.2 & 3 have failed to register the same, he is at liberty to avail the remedy under Section 190 read with Section 200 of ‘the Cr.P.C.,’/Section 210 read with Section 223 of ‘the BNSS’. 6. In view of the above, the Writ Petition is disposed of granting liberty to the petitioner to approach the learned jurisdictional Magistrate by way of filing a complaint under Section 190 read with Section 200 of ‘the Cr.P.C.,’/Section 210 read with Section 223 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: 12.03.2026 PBS
4 Dr.
YLR, J W.P.No.2855 of 2026 Dated 12.03.2026
280 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO
WRIT PETITION NO: 2855 of 2026
Date: 12.03.2026 PBS