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2026 DAILYLAW 16536 (AP)

KURUVA SHANKAR v. THE STATE OF ANDHRA PRADESH

WP/3817/2026 · 2026-02-09

Y Lakshmana Rao

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010060862026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] TUESDAY,THE TENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO: 3817/2026 Between: 1. KURUVA SHANKAR, S/O KURUVA MALLAIAH, AGED 65 YEARS, HOUSE NO. 1-41, RESIDENT OF VEEPANAGANDLA VILLAGE, MIDTHUR MANDAL, NANDYAL DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPLE SECRETARY, HOME DEPARTMENT, SECRETARIAT, VELGAPUDI VILLAGE, GUNTUR DISTRICT, 522238. 2. THE SUPERINTENDENT OF POLICE, NANDYAL, NANDYAL DISTRICT, 518502. 3. THE STATION HOUSE OFFICER, MIDTHUR POLICE STATION, NANDYAL DISTRICT, 518405. 4. CIRCLE INSPECTOR OF POLICE, NANDIKOTKUR RURAL CIRCLE NANDYAL DISTRICT, 518402. ...RESPONDENT(S): Counsel for the Petitioner: 1. BUDIGE BHOJA RAAM Counsel for the Respondent(S): 1. GP FOR HOME 2 Dr. YLR, J W.P.No.3817 of 2026 Dated 10.02.2026 The Court made the following: ORDER: The Writ Petition has been filed for the following relief: “…to issue an Order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of Respondent No.4 informed the petitioner on 31-1-2026 to the petitioner that to settle the matter in the court as the rastha dispute case is pending in the court is illegal, arbitrary and not followed the Judgment of C.S. Prasad versus C.Honorable Supreme Court held in Satyakumar and others dated 8-1- 2026 as the complaint is disclosed cognizable offence and consequently direct the Respondents 2 to 4 to act upon the petitioners complaint dated 10-1-2026 and 19-1-2026 in accordance with Bharatiya Nagarik Suraksha Sanhita, 2023…” 2. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader. 3. Mr.B.Bhoja Raam, learned counsel for the petitioner, submits that Respondent No.3 has not registered the complaint submitted by the petitioner on 31.01.2026, though it discloses a cognizable offence. 4. Per Contra, Sri P.Ajay Babu, learned Assistant Government Pleader, on written instructions, submits that, upon conducting an enquiry contemplated under Section 173(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity, ‘the B.N.S.S.,’), it was found that the complaint of the petitioner discloses a civil dispute. Therefore, Respondent No.3 informed the petitioner that no case could be registered. 5. 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 petitioner to approach the 3 Dr. YLR, J W.P.No.3817 of 2026 Dated 10.02.2026 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 B.N.S.S.,’. 6. On filing of such private complaint by the petitioner 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. 7. 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: 10.02.2026 PRA 4 Dr. YLR, J W.P.No.3817 of 2026 Dated 10.02.2026 86 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO: 3817 of 2026 Date: 10.02.2026 PRA