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2026 DAILYLAW 15842 (AP)

Sri.C. CHANDRA SEKHAR v. THE STATE OF AP

WP/2973/2026 · 2026-02-15

Y Lakshmana Rao

body2026

Judgment text

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APHC010044832026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] MONDAY, THE SIXTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO: 2973/2026 Between: 1. SRI.C. CHANDRA SEKHAR, S/O P. PARDHA SARADHI, AGED ABOUT 50 YEARS, OCC BUSSINESS, R/O D.NO.22-6-79/3, 4TH CROSS, SUBBAREDDY NAGAR, TIRUPATI, TIRUPATI DISTRICT, ANDHRA PRADESH ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF HOME, A.P. SECRETARIAT, AMARAVATI, GUNTUR DISTRICT. 2. THE DIRECTOR GENERAL OF POLICE, POLICE HEADQUARTERS, MANGALAGIRI, GUNTUR DISTRICT 3. THE SUPERINTENDENT, TIRUPATI URBAN, OFFICE OF THE SUPERINTENDENT OF POLICE, TIRUPATI, TIRUPATI DISTRICT 4. THE DEPUTY SUPERINTENDENT OF POLICE, EAST POLICE STATION, TIRUPATI, TIRUPATI DISTRICT 5. THE STATION HOUSE OFFICER, ALIPIRI POLICE STATION, TIRUPATI, TIRUPATI DISTRICT. 6. G VENKATA RAMANA, S/O G. CHENGALARAYAPPA, AGED ABOUT 56 YEARS,R/O D.NO.19-3-1-B7-A5, GARUDADRI NAGAR,TIRUPATI TOWN, TIRUPATI URBAN MANDAL,TIRUPATI DISTRICT -517503 2 7. P SUBHASHINI SUDHARANI, W/O SUBRAHMANYAM REDDY, AGED ABOUT 46 YEARS, OCC HOUSE WIFE R/O D.NO.6-9-61, AKKARAMPALLI,TIRUPATI TOWN, TIRUPATI URBAN MANDAL, TIRUPATI DISTRICT. 8. MASTHAN VALLI, S/O NOT KNOWN, AGED ABOUT 48 YEARS, OCC BUSSINESS D.NO.18-1-291, BAVANI NAGAR,OPP. PARTHA AYURVEDIC SPECIALITY HOSPITAL, TIRUPATI, ANDHRA PRADESH. - 9. JANAKI RAMA REDDY, S/O NOT KNOWN AGED ABOUT 45 YEARS, OCC BUSSINESS D.NO.22-6-6/2, TIRUPPAVAI MARGAMU, NEAR MPP SCHOOL AKKARAMPALLI. 10. SM KANNIYAPPAN, S/O NOT KNOWN AGED ABOUT 49 YEARS, OCC BUSSINESS D.NO.13-8-21-5, TATAIAH GUNTA, TIRUPATI DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner: 1. KALLA TULASI DURGAMBA Counsel for the Respondent(S): 1. GP FOR HOME The Court made the following: 3 ORDER: The Writ Petition has been filed for the following relief: “…to issue a Writ Order or Direction, more particularly one in the nature of Writ of Mandamus, direct the respondents to conduct further investigation by way of to consider Petitioners representation dt. 19.11.2025 and 10.11.2025. as the petitioner was cheated by the unofficial respondents who issued of Cheque HDFC bank No. 000014, Dt 27.02.2025 OF the cognizable offences of cheating, criminal breach of trust and criminal conspiracy committed by Respondents 6 to 10 , despite detailed written representations and material including a cheque for Rs.75,00,000/- issued by Respondent 6 admitting his liability by way of under taking letter Dt, 24.03.2025, as illegal, arbitrary and violative of Articles 14, 21 and 300-A of the Constitution of India…” 2. Heard the learned counsel for the petitioner and learned Assistant Government Pleader. 3. Ms. Kalla Tulasidurgamba, learned counsel for the petitioner, submits that the petitioner submitted two representations dated 10.11.2025 and 19.11.2025, but the same were not properly considered by Respondent No.5. 4. Sri P.Ajay Babu, learned Assistant Government Pleader, on written instructions, submits that the said representations were considered by the Investigating Officer by conducting a preliminary enquiry under Section 173(3) of the Bharatiya Nyaya Sanhita, 2023 (for brevity, ‘the BNSS’), and it was noticed that the nature of the transaction mentioned therein is civil in nature. 5. However, no formal order or communication was passed or issued by Respondent No.5 to the petitioner. When the petitioner submitted grievances in writing through the two representations dated 10.11.2025 4 and 19.11.2025, Respondent No.5 ought to have passed an order or issued a written communication as per procedure. 6. Therefore, considering the facts and circumstances of the case, Respondent No.5 is directed to pass appropriate orders or issue a written communication to the petitioner pursuant to her representations dated 10.11.2025 and 19.11.2025 within a period of three (03) weeks. 7. If the petitioner is aggrieved by the written communication issued by Respondent No.5, she has got an alternative efficacious remedy available by way of filing a private complaint before the learned Jurisdictional Magistrate under Section 190 read with Section 200 of ‘the Cr.P.C.,’/Section 210 read with 223 of ‘the BNSS’. 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: 16.02.2026 PRA 5 150 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO: 2973 of 2026 Date: 16.02.2026 PRA