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2026 DAILYLAW 16288 (AP)

BACHALA HARIKRISHNA v. THE STATE OF ANDHRA PRADESH

WP/3380/2026 · 2026-02-05

Y Lakshmana Rao

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010055052026 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: 3380/2026 Between: 1. BACHALA HARIKRISHNA, S/O BACHALA VENKATAKRISHNA REDDY, AGED ABOUT 39 YEARS, R/O KAPUVEEDHI, AYYAVARI PALEM VILLAGE,GUDUR MANDAL, SRI POTTI SRIRAMULU NELLORE DISTRICT. 2. BACHALA ALEKHYA, W/O HAH KRISHNA, AGED ABOUT 37 YEARS, R/O KAPUVEEDHI, AYYAVARI PALEM VILLAGE, GUDUR MANDAL, 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 - 522238 2. THE SUPERINTENDENT OF POLICE, NELLORE DISTRICT, NELLORE, PIN -524001 3. THE CIRCLE INSPECTOR OF POLICE, GUDUR RURAL, GUDUR, SPSR NELLORE DISTRICT, PIN-524101 4. THE SUBINSPECTOR OF POLICE, CHILLAKURU, CHILLAKURU MANDAL, SPSR NELLORE DISTRICT, PIN - 524412 5. POTHIREDDY MADHUSUDHAN REDDY, AGED ABOUT 59 YEARS. PROPRIETOR, SRI RAMA PAWN BROKERS, W.NO.7, D.NO.178, NARAYANAMMA STREET, GUDUR, SPSR NELLORE DISTRICT, PIN 2 Dr. YLR, J W.P.No.3380 of 2026 Dated 06.02.2026 -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.3380 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. Mr.T.Venkata Suman, learned counsel for the Petitioners, submits that Respondent Nos.2 to 4 have not taken any action by registering the complaint, dated 07.01.2026. 4. Sri Ajay Babu, learned Assistant Government Pleader, on written instructions, submits that the police have conducted a preliminary enquiry, and noticed that the alleged offence has taken place outside the territorial jurisdiction of Respondent No.4. 5. Be that as it may, if it is noticed that the alleged offence or transaction has taken place outside the territorial limits of Respondent No.4, then as per Section 173 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’), Respondent No.4 ought to have registered a ‘Zero FIR’ and transferred the same to the police station having jurisdiction. 4 Dr. YLR, J W.P.No.3380 of 2026 Dated 06.02.2026 6. Considering the facts and circumstances of the case, Respondent No.4 is directed to follow the procedure laid down under Section 173 of the BNSS’, by registering a ‘Zero FIR’ and transferring the same to the competent police station, if the offence is found to be outside his jurisdiction. It is made clear that if Respondent No.4 has already acted upon the complaint lodged by the Petitioners, the Petitioners have an efficacious alternative remedy available to them under Section 200 of ‘the Cr.P.C’ / Section 210 read with Section 223 of ‘the BNSS’ by filing an appropriate complaint before the jurisdictional Magistrate. 6. 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.3380 of 2026 Dated 06.02.2026 75 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO: 3380 of 2026 Date: 06.02.2026 PRA