APHC010049982026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] FRIDAY,THE TWENTIETH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO: 3343/2026 Between: Y R SRINATH, S/O LATE Y. RAVINDRANATH GUPTA, AGED 49 YRS, PROP. KISNA SPOT BILLING AGENCIES, D.NO.15-278-6, SUBASH ROAD, MADANAPALLE-517325, ANNAMAYYA DIST. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT-522238 2. STATION HOUSE OFFICER, 2-TOWN POLICE STATION, MADANAPALLE, ANNAMAYYA DISTRICT.-517325 3) 3. DEPUTY SUPERINTENDENT OF POLICE, MADANAPALLE, ANNAMAYYA DISTRICT-517325 4) 4. SUPERINTENDENT OF POLICE, RAYACHOTI, ANNAMAYYA DISTRICT.-51629 5) 5. R HARI PRASAD, S/O NOT KNOWN TO THE PETITIONER, RIO D.NO.5-73, APPARAO THOTA, MADANAPALLE, ANNAMAYYA DIST.-517325 6) 6. P SURENDRA NAIDU, SUPERINTENDING ENGINEER, TIRU ATHI APSPDCL -517501 7. SRI S SURESH KUMAR, EXECUTIVE ENGINEER, APSPDCLCHITTOOR RURAL , CHITTOR DISTRICT, ANDHRA 2 Dr. YLR, J W.P.No.3343 of 2026 Dated 20.02.2026 PRADESH -517001 8) 8. SRI V CHANDRASEKHAR RAO, EXECUTIVE ENGINEER, APSPDCL TIRUPATI TOWN-I -517501 9) 9. SRI Y CHANDRASEKHAR REDDY, EXECUTIVE ENGINEER, APSPDCL PILER, CHITTOR DISTRICT, ANDHRA PRADESH - 517214 10) 10. SRI K SRINIVASULU, SENIOR ACCOUNTS OFFICER, APSPDCL, PILER , CHITTOR DISTRICT, ANDHRA PRADESH ...RESPONDENT(S): Counsel for the Petitioner: CHENNAPPAGARI SANKARA 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:- “…to issue a Writ of Mandamus or any other appropriate writ order or direction directing the concerned police authorities to mandatorily register an FIR against Respondent Nos 5 to 10 for offences relating to criminal breach of trust and misappropriati on of firm assets exceeding 25 00 000/ and to conduct a fair impartial and expeditious investigation including preservation of the entrusted assets and further declare the inaction of the Respondents as illegal arbitrary and highhanded and violative of the fundamental rights guaranteed to the Petitioner under Articles 14 19 and 21 of the Constitution of India and pass….” 2. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader. 3 Dr. YLR, J W.P.No.3343 of 2026 Dated 20.02.2026 3. Mr. Chennappagari Sankara, learned counsel for the petitioner, submits that the complaint dated 23.07.2025 submitted by the petitioner to respondent No.4 has not been registered. He further submits that the petitioner had also submitted another complaint on 23.07.2025 before respondent No.2, but the said representation has not been acted upon. 4. Sri P. Ajay Babu, learned Assistant Government Pleader, on written instructions, submits that the complaint of the petitioner does not disclose a cognizable offence and, therefore, respondent No.2 and respondent No.4 have not acted upon the same. 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 No.2 has failed to register the same or that respondent No.4 has not issued appropriate instructions to respondent No.2 to register the case, 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 4 Dr. YLR, J W.P.No.3343 of 2026 Dated 20.02.2026 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: 20.02.2026 RSI 5 Dr. YLR, J W.P.No.3343 of 2026 Dated 20.02.2026 117 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO: 3343 of 2026 Date: 20.02.2026 RSI