APHC010051342026 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: 3443/2026 Between: 1. SHAIK BIBIJAN, W/O BABULU, AGED ABOUT 76 YEARS, R/O 11/207/2,DARGA STREET, GUDUR, SRI POTTI SRIRAMULU NELLORE DISTRICT. 2. SHAIK SIRAJ, S/O BABULU, AGED ABOUT 50 YEARS, R/O 11/207/2,DARGA STREET, GUDUR, SRI POTTI SRIRAMULU NELLORE DISTRICT. 3. SHAIK FIROZ, S/O BABULU, AGED ABOUT 45 YEARS, R/O 11/207/2,DARGA STREET, GUDUR, SRI POTTI SRIRAMULU NELLORE DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, A.P. 522237 2. THE SUPERINTENDENT OF POLICE, NELLORE, SPSR NELLORE DISTRICT.524001 3. THE CIRCLE INSPECTOR OF POLICE, I TOWN POLICE STATION, GUDUR, SPSR NELLORE DISTRICT.524101 4. THE SUBINSPECTOR OF POLICE, I TOWN POLICE STATION, GUDUR SPSR NELLORE DISTRICT.524101 5. M/S FIVE STAR BUSINESS FINANCE LTD, (M/S. FIVE STAR 2 Dr. YLR, J W.P.No.3443 of 2026 Dated 06.02.2026 BUSINESS CREDIT LTD.,) R/O 27, OLD NO.4, TAYLORS ROAD, KILPAUK, CHENNAI, TAMILNADU REP. BY ITS MANAGING DIRECTOR. 600010 6. YERRAMSETTY SYAM PRASAD, REGIONAL LEGAL MANAGER, M/S. FIVE STAR BUSINESS FINANCE LTD., (M/S. FIVE STAR BUSINESS CREDIT LTD.,) R/O 27, OLD NO.4, TAYLORS ROAD, KILPAUK, CHENNAI, TAMILNADU 60010 7. G S ROBERT, LEGAL MANAGER, M/S. FIVE STAR BUSINESS FINANCE LTD., (M/S. FIVE STAR BUSINESS CREDIT LTD.,) R/O 27, OLD NO.4, TAYLORS ROAD, KILPAUK, CHENNAI, TAMILNADU 600010 8. YELESWARAM MUNEENDRA, BRANCH MANAGER, M/S. FIVE STAR BUSINESS FINANCE LTD., (M/S. FIVE STAR BUSINESS CREDIT LTD.,) R/O D.NO. 16-3-247, 2ND FLOOR, UPSTAIRS OF LEO SHOWROOM, RAMALINGAPURAM, NELLORE CITY, SPSR NELLORE DISTRICT. 524003 9. PATA KISHORE, BRANCH MANAGER, M/S. FIVE STAR BUSINESS FINANCE LTD., (M/S. FIVE STAR BUSINESS CREDIT LTD.,) R/O SHIRDI SAI NAGAR, BESIDE BAJAJ SHOWROOM, GUDUR, SPSR NELLORE DISTRICT. 524101 ...RESPONDENT(S): Counsel for the Petitioner(S): 1. THANJAVURU VENKATA SUMAN Counsel for the Respondent(S): 1. GP FOR HOME The Court made the following: 3 Dr. YLR, J W.P.No.3443 of 2026 Dated 06.02.2026 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 declaring the actions of the respondents particularly respondent nos. 2 to 4 in not taking cognizance and register my complaint/report lodged and the representation, dated 07.01.2026, as illegal, arbitrary, unjust and in violation of Article 14 and 21 of the Constitution of India and consequently, direct the respondents particularly respondent nos. 2 to 4 to take cognizance of the complaint/report lodged by me and the representation dated 07.01.2026 and to register an F.I.R. against the respondent nos. 5 to 9 and further investigate into the matter in the interest of justice…” 2. Heard the learned counsel for the petitioners and the learned Assistant Government Pleader. 3. Sri Ajay Babu, learned Assistant Government Pleader, on instructions, submits that a preliminary enquiry was conducted and it was found that the representation submitted by the petitioner, dated 07.01.2026 is civil in nature. Therefore, respondent No.4 has not taken any action against the unofficial respondents. There is an alternative efficacious remedy available to the petitioners by way of filing a private complaint before the learned Jurisdictional Magistrate. 4. Considering the facts and circumstances of the case, the Writ Petition is disposed of granting liberty to the petitioners 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 223 of ‘the BNSS’. 4 Dr. YLR, J W.P.No.3443 of 2026 Dated 06.02.2026 5. On filing of such private complaint by the petitioners before the learned Jurisdictional Magistrate, the learned Jurisdictional Magistrate is directed to bestow his attention to the same and deal with the complaint in accordance with law. 6. 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: 06.02.2026 PRA 5 Dr. YLR, J W.P.No.3443 of 2026 Dated 06.02.2026 29 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO: 3443 of 2026 Date: 06.02.2026 PRA