Research › Search › Judgment

High Court of Andhra Pradesh · body

2026 DAILYLAW 18087 (AP)

KOMMINENI VENKATA SRINIVASA RAO v. THE STATE OF ANDHRA PRADESH

WP/6013/2026 · 2026-03-04

Y Lakshmana Rao

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010105022026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] THURSDAY,THE FIFTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO: 6013/2026 Between: 1. KOMMINENI VENKATA SRINIVASA RAO, S/O VEERAIAH, AGED 35 YEARS, OCC VEGETABLE BUSINESS, R/O H.NO. C-2-80, KAPULA BAZAR, REDDIGUDEM VILLAGE AND MANDAL, NTR DISTRICT. - 521215 ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT.- 522238 2. THE DIRECTOR GENERAL OF POLICE, A.P. POLICE HEADQUARTERS, MANGALAGIRI, GUNTUR DISTRICT. - 522503 3. THE COMMISSIONER OF POLICE, N.T.R DISTRICT AT VIJAYAWADA. - 520010 4. THE CIRCLE INSPECTOR OF POLICE, MYLAVARAM CIRCLE, MYLAVARAM, N.T.R.DISTRICT. - 521230 5. THE SUBINSPECTOR OF POLICE, REDDIGUDEM VILLAGE AND MANDAL N.T.R DISTRICT.-521215 6. THE TAHSILDHAR, REDDIGUDEM MANDAL, N.T.R DISTRICT. - 521215 7. KONDAPALLI KONDALA RAO, S/O. RAMA.KOTAIAH, AGED 49 2 Dr. YLR, J W.P.No.6013 of 2026 Dated 05.03.2026 YEARS, OCC BUSINESS, R/O. REDDIGUDEM VILLAGE AND MANDAL, N.T.R DISTRICT.-521215 ...RESPONDENT(S): Counsel for the Petitioner: KISHORE KUMAR KATARI Counsel for the Respondent(S): 1. GP FOR HOME 2. GP FOR REVENUE The Court made the following: 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 action of the respondents particularly the 5th Respondent, in not registering an FIR on the complaints submitted by the petitioner dated 14.07.2025 and 21.01.2026, despite disclosure of cognizable offences of cheating, forgery, use of forged document, criminal trespass and criminal conspiracy committed by the 7th respondent, as illegal, arbitrary, violative of Articles 14 and 21 of the Constitution of India and contrary to the law laid down by the Honble Supreme Court in Lalita Kumari v. Government of Uttar Pradesh, and consequently direct the 5th Respondent to register the petitioners complaint dated 14.07.2025 and 21.01.2026 as FIR and conduct fair and impartial investigation in accordance with law, and pass….” 2. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader. 3 Dr. YLR, J W.P.No.6013 of 2026 Dated 05.03.2026 3. Sri K. Kishore Kumar, learned counsel for the petitioner, submits that the complaints submitted by the petitioner dated 14.07.2025 and 21.01.2026 were not registered as FIR by the 5th respondent. 4. Sri P. Ajay Babu, learned Assistant Government Pleader, requests this Court to pass appropriate orders. 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. 7. In view of the above, 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. There shall be no order as to costs. 4 Dr. YLR, J W.P.No.6013 of 2026 Dated 05.03.2026 As a sequel, Miscellaneous petitions, if any pending, shall stand closed. _________________________ DR. Y. LAKSHMANA RAO, J Date: 05.03.2026 PBS 5 Dr. YLR, J W.P.No.6013 of 2026 Dated 05.03.2026 248 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO: 6013 of 2026 Date: 05.03.2026 PBS