APHC010092112026 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: 5080/2026 Between: 1. KODURU KIRAN KUMAR, S/O KODURU SRINIVASA RAO, D.NO. 43- 106/1-58B/1, NEW RAJA RAJESWARI PETA ROAD, SINGH NAGAR, VIJAYAWADA - 520015. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY HOME DEPARTMENT, A.P SECRETARIAT OFFICE, VELAGAPUDI, AMARAVATHI - 522237. 2. THE COMMISSIONER OF POLICE, VIJAYAWADA POLICE COMMISSIONERATE VIJAYAWADA - 520002. 3. THE STATION HOUSE OFFICER, CYBER CRIME POLICE STATION, NEAR VIJAYAWADA COMMISSIONERATE, VIJAYAWADA - 522237. 4. SMT BORA KRANTHI KUMARI, D.NO. 51, NEAR HD GENERAL STORE NEW RAJA RAJESWARI PETA, OPPOSITE GOVERNMENT SCHOOL, VIJAYAWADA - 520003. ...RESPONDENT(S): Counsel for the Petitioner: G N V PULLA RAO Counsel for the Respondent(S): GP FOR HOME The Court made the following: 2 Dr. YLR, J W.P.No.5080 of 2026 Dated 23.02.2026 ORDER: The Writ Petition has been filed under Article 226 of the Constitution of India seeking the following relief:- “…to issue a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus, declaring the inaction of the Respondents, particularly Respondent No.3, in not registering FIR and taking action on the complaint of the Petitioner as illegal, arbitrary and violative of Articles 14 and 21 of the Constitution of India, and consequently direct the Respondents to register FIR against Smt. Bora Kranthi Kumari and conduct the investigation, to recover stolen gold ornaments, and further offences as per petitioner complaint dated 16,02.2026 and pass such….” 2. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader. 3. Sri G. N. V. Pulla Rao, learned counsel for the petitioner, submits that respondent No.3 has not registered an FIR pursuant to the complaint dated 16.02.2026 filed by the petitioner, despite the contents of the complaint clearly disclosing the commission of cognizable offences. 4. Sri P. Ajay Babu, learned Assistant Government Pleader, on written instructions, submits that the Cyber Crime Police/respondent No.3 has no role to play in this kind of cases. The regular Law and Order Police registered a crime and hence, it is urged to dismiss the Writ Petition. 5. On perusal of the entire record, the allegation against the respondent No.4 by the petitioner is that respondent No.4 had allegedly committed activities of theft, hacking of the mobile phone, criminal intimidation, extortion and illegal surveillance by mobile hacking. In view of the fact that 3 Dr. YLR, J W.P.No.5080 of 2026 Dated 23.02.2026 the allegations are much particularly related to theft of gold ornaments, physical assault and criminal intimidation, the petitioner ought to have approached a regular Law and Order Police. 6. Be that as it may, the petitioner has an alternative and efficacious remedy before the learned jurisdictional Magistrate by way of filing a private complaint. If the petitioner is of the view that his complaint discloses a cognizable offence and is liable to be registered as an FIR, and that respondent No.4 has failed to register the same, he is at liberty to avail the remedy under Section 190 read with Section 200 of ‘the Cr.P.C.,’/Section 210 read with Section 223 of ‘the BNSS’. 7. Considering the above facts and circumstances, recording the submissions of the learned Assistant Government Pleader, the Writ Petition is disposed of granting liberty to the petitioner 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 Section 223 of ‘the BNSS’ or approach the Law and Order Police for his grievance. 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 PBS 4 Dr. YLR, J W.P.No.5080 of 2026 Dated 23.02.2026 165 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO: 5080 of 2026 Date: 23.02.2026 PBS