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2026 DAILYLAW 1591 (AP)

GEDELA BHEEMA RAO v. THE STATE OF AP

WP/9608/2026 · 2026-04-14

Y Lakshmana Rao

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010113782026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] WEDNESDAY,THE FIFTEENTH DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO: 9608/2026 Between: 1. GEDELA BHEEMA RAO, S/O. GEDELA CHINNA APPANNA (LATE). AGED 60 YEARS, OCC. CULTIVATION, R/O. DOOR NO.3-78, 2ND STREET, GUDDI BHADRA VILLAGE, SUVARNAPURAM VILLAGE PANCHAYAT, MANDASA MANDAL, SRIKAKULAM DISTRICT, ANDHRA PRADESH - 532243. 2. GEDELA YASODHA, W/O. GEDELA BHEEMA RAO, AGED 55 YEARS, OCC. CULTIVATION, R/O. DOOR NO.3-78, 2ND STREET, GUDDI BHADRA VILLAGE, SUVARNAPURAM VILLAGE PANCHAYAT, MANDASA MANDAL, SRIKAKULAM DISTRICT, ANDHRA PRADESH - 532243. ...PETITIONER(S) AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, A.P SECRETARIAT, AT VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE DIRECTOR GENERAL OF POLICE DGP, OFFICE OF THE DIRECTOR GENERAL OF POLICE (DGP), POLICE HEAD QUARTERS, MANYALAGIRI, GUNTUR DISTRICT, ANDHRA PRADESH - 522502. 3. THE SUPERINTENDENT OF POLICESP, SRIKAKULAM, SRIKAKULAM DISTRICT. 4. THE SUBDIVISIONAL POLICE OFFICER SDPO, ,KASIBUGGA 2 POLICE SUB DIVISION, SRIKAKULAM DISTRICT, ANDHRA PRADESH. 5. THE STATION HOUSE OFFICER SHO, MANDASA POLICE STATION, MANDASA MANDAL, SRIKAKULAM DISTRICT, ANDHRA PRADESH. 6. GEDELA JANARDHANA, S/O. CHINNA APPANNA (LATE). AGED 60 YEARS, OCC. CULTIVATION, R/O. DOOR NO. 1-62, ROAD STREET, GUDDI BHADRA VILLAGE, SUVARNAPURANN VILLAGE PANCHAYAT, MANDASA MANDAL,SRIKAKULARN DISTRICT - 532243. 7. GEDELA SAVITRI, W/O. GEDELA JANARADHANA. AGE 50 YEARS, OCC. CULTIVATION, R/O. DOOR NO. 1-62, ROAD STREET, GUDDI BHADRA VILLAGE, SUVARNAPURAM VILLAGE PANCHAYAT, MANDASA MANDAL, SRIKAKULAM DISTRICT - 532243. ...RESPONDENT(S): Counsel for the Petitioner(S): 1. V RAJA MANOHAR Counsel for the Respondent(S): 1. GP FOR HOME The Court made the followingORDER: 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 declaring the inaction jf the respondent police in taking action on the petitioner compliant dated 27.06.2025 and 08.09.2025 by registering FIR against the respondents 6 and 7 as illegal and arbitrary, unjust, and Violative of Articles 4, and 21 of the Constitution of India and pass…” 2. Heard the learned counsel for Petitioners and learned Assistant Government Pleader for Home. 3. Mr. V Raja Manohar, learned counsel for the Petitioners, submits that the complaints of the petitioners dated 27.09.2025 and 08.09.2025 were not registered as F.I.Rs. 3 4. Sri P. Ajay Babu, learned Assistant Government Pleader for Home, on written instructions, submits that respondent No. 5 has conducted a preliminary enquiry under Section 173(8) of the Criminal Procedure Code (for brevity, “the Cr.P.C.”) and came to know that the complaints are civil in nature. Therefore, no further criminal action was deemed necessary. He further submits that there is a civil suit pending between the petitioners and the unofficial respondents and that the complaints of the petitioners disclose no criminal liability, being purely civil in nature. 5. Be that as it may, the Petitioner has got alternative efficacious remedy under Section 190 read with 200 of „the Cr.P.C.,‟ / Section 210 read with 223 of „the BNSS‟, when the complaint is not considered by the Respondent Police. 6. Considering the facts and circumstances of the case, and recording the submissions of the learned Assistant Government Pleader, the Writ Petition is disposed of granting liberty to the Petitioners to approach the learned Jurisdictional Magistrate/Special Judge by way of filing a complaint under Section 190 read with Section 200 of „the Cr.P.C.,‟ / Section 210 read with 223 of „the BNSS‟. 7. On filing of such private complaint by the Petitioner before the learned Jurisdictional Magistrate/Special Judge, the learned Magistrate/Special Judge is directed to bestow attention to the same and deal with the complaint in accordance with law. 4 8. 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: 15.04.2026 SSA 5 152 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO: 9608 of 2026 Date: 15.04.2026 SSA