APHC010073712026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] FRIDAY,THE TWENTY SEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO: 4108/2026 Between: 1. MUNWAR SULTANA SHAIK, W/O MOHAMMED HUSSAIN SHAIK RIO D.NO 7/31-B, BHAGYA NAGAR, GUNTAKAL , ANANTAPURAM DSTRICT-AP -515801 ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF HOME, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. -522238 2. THE SUPERINTENDENT OF POLICE, ANANTAPURAM, ANANTAPURAM DISTRICT, ANDHRA PRADESH. -515001 3. THE STATION HOUSE OFIFCER, ONE TOWN POLICE STATION, GUNTAKAL, ANANTAPURAM DISTRICT, ANDHRA PRADESH. - 515801 ...RESPONDENT(S): Counsel for the Petitioner: MOHAMMAD NAYAB RASOOL Counsel for the Respondent(S): GP FOR HOME The Court made the following: 2 Dr. YLR, J W.P.No.4108 of 2026 Dated 27.02.2026 ORDER: The Writ Petition has been filed under Article 226 of the Constitution of India seeking the following relief:- “…Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a direction or order more particularly one in the nature of WRIT OF MANDAMUS declaring the inaction of the Respondents No.2 to 3 Police in initiating any action on Petitioner's Representation/Complaint dated 23.01.2026, received by them on 24.01.2026 ,as illegal and arbitrary and violating of Articles 14 and 21 of the Constitution of India and it is further consequentially prayed that this Hon'ble Court may be pleased to direct the Respondent No. 2 to 3 to forthwith take over the case pursuant to the Representations/Complaints of the petitioner dated 23.01.2026, received by them on 24.01.2026 and investigate into, register the crime/FIR at the earliest and to pass….” 2. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader. 3. Sri Mohammad Nayab Rasool, learned counsel for the petitioner, submits that the complaint dated 23.01.2026 which was on 24.01.2026 submitted by petitioner was neither registered as FIR nor was any investigation conducted thereon. 4. Sri P. Ajay Babu, learned Assistant Government Pleader, on written instructions, submits that in the year 2023, based on the complaint of the petitioner and pursuant to a Court endorsement under Section 156(3) of the Cr.P.C., a case was registered as Crime No. 172 of 2023 for the offences punishable under Sections 323, 324, 506 and 509 of the IPC. A charge sheet was subsequently filed before the Hon’ble Judicial First 3 Dr. YLR, J W.P.No.4108 of 2026 Dated 27.02.2026 Class Magistrate, Guntakal, and taken on file as C.C. No. 21 of 2024. Thereafter, based on a complaint lodged by the petitioner’s husband before the Hon’ble Court, another case was registered as Crime No. 18 of 2024 for the offences punishable under Sections 419, 420, 468, 471 read with 341 of the IPC, pursuant to Section 156(3) of the Cr.P.C., by Guntakal I Town Police Station. The said case was also referred to as being civil in nature. It is further submitted that the petitioner and her husband are attempting to evade and avert prosecution in connection with three civil cases, namely O.S. Nos. 120 and 124 of 2022 on the file of the learned Junior Civil Judge, Alur, and O.S. No. 04 of 2024 on the file of the learned Junior Civil Judge, Guntakal. Hence, it is urged that the petition be dismissed. 5. When a complaint is submitted by any person to a police officer for registration of an FIR and for conducting an investigation, and if such complaint is not acted upon by the Investigating Officer, the petitioner has an alternative efficacious remedy under Sections 190 and 200 read with Section 223 of ‘the BNSS’. 6. In view of the availability of such an alternative efficacious remedy to the petitioner, approaching this Court by seeking a writ of mandamus is not proper. 4 Dr. YLR, J W.P.No.4108 of 2026 Dated 27.02.2026 7. Considering the above facts and circumstances of the case, and upon recording the submissions of the learned Assistant Government Pleader, the writ petition is disposed of by granting liberty to the petitioner to file an appropriate complaint before the competent Magistrate, in accordance with law. 8. 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: 27.02.2026 PBS 5 Dr. YLR, J W.P.No.4108 of 2026 Dated 27.02.2026 344 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO: 4108 of 2026 Date: 27.02.2026 PBS