APHC010051242026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] FRIDAY, THE SIXTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO: 3379/2026 Between: 1. AAKURI PEEDA VENKATA REDDY, S/O PITCHI REDDY AGED ABOUT 40 YEARS, OCC BUSINESS R/O RAMPURAM, DACHEPALLE MANDAL PALNADU DISTRICT- 522414. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY HOME DEPARTMENT A.P. SECRETARIAT OFFICE, VELGAPUDI GUNTUR DISTRICT. 522238, 2. THE DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, MANGALAGIRI GUNTUR DISTRICT. 522503 3. THE SUPERINTENDENT OF POLICE, PALNADU DISTRICT. 522601 4. THE DEPUTY SUPERINTENDENT OF POLICE, GURAZALA SUB DIVISION, PALNADU DISTRICT. 522415 5. THE CIRCLE INSPECTOR OF POLICE, DACHAPALLI POLICE STATION PALNADU DISTRICT. 522414 ...RESPONDENT(S): Counsel for the Petitioner: 1. RAMALAKSHMANA REDDY SANEPALLI 2 Dr. YLR, J W.P.No.3379 of 2026 Dated 06.02.2026 Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following: 3 Dr. YLR, J W.P.No.3379 of 2026 Dated 06.02.2026 ORDER: The Writ Petition has been filed for the following relief: “…to a Writ of Mandamus or any other appropriate Writ, Order or Direction declaring the action of the 5th respondent in registering Crime No.14 of 2026 dated 21.01.2026 for the offences under Sections 126(2), 118(1) read with Section 3(5) of the B.N.S., instead of registering the same under Section 109(1) of B.N.S. as illegal, arbitrary, unconstitutional and violative of Articles 14 and 21 of the Constitution of India and Consequently direct the respondents to entrust the investigation of the incident dated 21.01.2026 to a competent and impartial police officer other than the 5th respondent, and to conduct a fair, unbiased and expeditious investigation by adding section 109(1) of B.N.S…” 2. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader. 3. Sri S.Rama Lakshmana Reddy, the learned counsel for the petitioner submits that Respondent No.5, instead of registering the case under Section 109(1) of the Bharatiya Nyaya Sanhita, 2023 (for brevity ‘the BNS.,’), registered the same under Sections 116(2) and 118(1) read with Section 3(5) of ‘the BNS.,’ in Crime No.14 of 2026 of Dachepalli Police Station, Palnadu District. 4. Sri Ajay Babu, the learned Assistant Government Pleader, on written instructions, submits that there is a case and counter-case pending between the petitioner and a third party, and that the said case is under investigation. It is further submitted that the Investigating Officer, in the course of investigation, has finalized the matter and filed the charge sheet by invoking appropriate provisions of law against both the petitioner and 4 Dr. YLR, J W.P.No.3379 of 2026 Dated 06.02.2026 the third party, in accordance with the procedure established under the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity, ‘the BNSS.,’). 5. Be that as it may, if certain provisions were not invoked by the Investigating Officer either at the time of registration of the crime or while filing the charge sheet against the third party, the petitioner, being the de- facto complainant, has a statutory remedy under Section 200 of ‘the Cr.P.C.,’ / Section 210 read with 223 of ‘the BNSS.,’ to file a protest petition before the jurisdictional Magistrate. 6. In view of the above, the Writ Petition is disposed of, granting liberty to the petitioner to avail the aforesaid remedies before the jurisdictional Magistrate. 7. 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: 06.02.2026 PRA 5 Dr. YLR, J W.P.No.3379 of 2026 Dated 06.02.2026 67 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO: 3379 of 2026 Date: 06.02.2026 PRA