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2026 DAILYLAW 16930 (AP)

SURAMPUDI MARISETTI v. THE STATE OF AP

WP/4243/2026 · 2026-02-22

Y Lakshmana Rao

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010071282026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] MONDAY,THE TWENTY THIRD DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO: 4243/2026 Between: 1. SURAMPUDI MARISETTI, D/O SURAMPUDI VEERRAJU, AGED 75, R/O D.NO. 1-23, RAMACHANDRAPURAM, ODURU, NARASAPURAPUPETA, EAST GODAVARI DISTRICT-533001. 2. GUTTALA APPAYAMMA,, W/O SATYANARAYANA, AGED 55, R/O D.NO. 1-44, RAMACHANDRAPURAM, ODURU, EAST GODAVARI DISTRICT-533001. ...PETITIONER(S) AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI, AMARAVATHI- 522237. 2. THE SUPERINTENDENT OF POLICE, KAKINADA DISTRICT, KAKINADA-533001. 3. THE DEPUTY SUPERINTENDENT OF POLICE, KAKINADA DIVISION, KAKINADA DISTRICT-533001. 4. THE CIRCLE INSPECTOR OF POLICE, SARPAVARAM POLICE STATION. KAKINADA DISTRICT-533001. ...RESPONDENT(S): 2 Counsel for the Petitioner(S): 1. P VIVEK Counsel for the Respondent(S): 1. GP FOR HOME The Court made the following: ORDER: The Writ Petition has been filed for the following relief: “…to issue a Writ of Mandamus, declaring the action of Respondents in not acting upon the report dated 19-1-2026 submitted by petitioners as illegal, highhanded, arbitrary, against Law, unjust and in violation of Sec 173 BNSS and consequently direct the respondents to consider the report dated 19-1-2026 in accordance with Sec 173 BNSS (Sec 154 Cr.P.C) and to register FIR against the said persons as mentioned in the report…” 2. Heard the learned counsel for Petitioners and learned Assistant Government Pleader. 3. Mr.P.Vivek, learned counsel for Petitioners, submits that the report dated 19.01.2026 was not considered, despite its clear disclosure of cognizable offences, including those punishable under provisions relating to unlawful assembly, rioting, attempt to murder, criminal trespass, and outraging modesty, and seeks registration of an FIR against the persons named in the said report. 4. Sri P.Ajay Babu, learned Assistant Government Pleader, on written instructions, submits that the complaint dated 19.01.2026 discloses only a civil dispute regarding title and possession of immovable property. The Station House Officer rightly exercised discretion in not registering an FIR, as no cognizable offence is made out. 3 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 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’. 6. On filing of such private complaint by thepetitioners 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: 23.02.2026 PRA 4 71 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO: 4243 of 2026 Date: 23.02.2026 PRA