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2026 DAILYLAW 17081 (AP)

KOTAPATI VIJAYA LAKSHMI v. THE STATE OF ANDHRA PRADESH

WP/5469/2026 · 2026-02-25

K Suresh Reddy

body2026

Judgment text

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APHC010077462026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3239] THURSDAY,THE TWENTY SIXTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE K SURESH REDDY WRIT PETITION NO: 5469/2026 Between: Kotapati Vijaya Lakshmi ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. KRANTHI KUMAR PASUMARTHI Counsel for the Respondent(S): 1. GP FOR HOME 2 HON'BLE SRI JUSTICE K.SURESH REDDY WRIT PETITION NO: 5469 of 2026 ORDER: Seeking issuance of a Writ of Mandamus against respondents No.2 and 3, declaring their action in not registering a crime against respondents No.5 and 7 on the basis of the report dated 03.02.2026 submitted by the petitioner as illegal, arbitrary and violative of Articles 14, 19 and 21 of the Constitution of India, the present Writ Petition is filed. 2. Heard both sides and perused the record. 3. The issue as to the remedy available in cases of non- registration of FIR is no longer res integra. The Hon’ble Supreme Court in Sakiri Vasu v. State of U.P. (AIR 2008 SC 907) held that if a person has a grievance that his or her FIR has not been registered, the remedy lies in approaching the higher police authorities and, if the grievance still persists, in approaching the jurisdictional Magistrate seeking appropriate directions for registration of the case and investigation. It was further held that the High Court should ordinarily not entertain writ petitions in such matters when effective alternative remedies are available. 4. Under the provisions of the Bharatiya Nagarik Suraksha Sanhita, 2023, which has come into force replacing the Code of 3 Criminal Procedure, an efficacious alternative remedy is available to the petitioner to approach the Superintendent of Police and, thereafter, the jurisdictional Magistrate by invoking the appropriate provisions corresponding to registration of information and direction for investigation, including by filing a private complaint before the competent Court. 5. In view of the law laid down by the Hon’ble Supreme Court and the availability of the statutory remedies under the Bharatiya Nagarik Suraksha Sanhita, 2023, this Court is of the considered opinion that the present Writ Petition is not maintainable. 6. Accordingly, the Writ Petition is closed, leaving it open to the petitioner to avail the alternative remedies available under the Bharatiya Nagarik Suraksha Sanhita, 2023, including filing of a private complaint before the competent Magistrate, if so advised. As a sequel, miscellaneous petitions, if any, pending in this Writ Petition shall stand closed. There shall be no order as to costs. ________________________ JUSTICE K SURESH REDDY Dated: 26.02.2026 GR 4 THE HONOURABLE SRI JUSTICE K SURESH REDDY WRIT PETITION NO: 5469 of 2026 Date: 26.02.2026 GR