APHC010105212026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] FRIDAY,THE SIXTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO: 5758/2026 Between: MR. BOGOLU SURENDRA REDDY,, S/O. BHASKARA REDDY AGED ABOUT 60 YEARS, R/O. VILLA NO.1, SUNNY ISLES GATED COMMUNITY, RUSHIKONDA, VISHAKHAPATNAM, VISHAKHAPATNAM DISTRICT-530045 ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT-522237 2. THE COMMISSIONER OF POLICE, VISAKHAPATNAM POLICE COMMISSIONERATE, VISAKHAPATNAM,VISAKHAPATNAM DISTRICT. PIN 530045 3. THE STATION HOUSE OFFICER, BHEEMUNIPATNAM POLICE STATION, VISAKHAPATNAM,VISAKHAPATNAM DISTRICT. PIN 530045 4. MR K S RAMA RAO, S/O. NOT KNOWN TO PETITIONER. AGED 80 YEARS, R/O. FLOOR-2, FILMNAGAR SOCIETY COMPLEX, FILMNAGAR, HYDERABAD-500096 5. MR CH SRINIVASA RAJU, S/O. NOT KNOWN TO PETITIONER, AGE.63 YEARS, PLOT NO. 190B, ROAD NO. 76B, JUBILEE HILLS, HYDERABAD-500034 2 Dr. YLR, J W.P.No.5758 of 2026 Dated 06.03.2026 ...RESPONDENT(S): Counsel for the Petitioner: SAZID KALLUR Counsel for the Respondent(S): GP FOR HOME 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 to declare the in action of the Respondent No 2 and 3 in not registering the FIR in pursuant to the complaints dated 18 04 2025 26 05 2025 and latest on 03 02 2026 made by the Petitioner against the Respondent No 4 and 5 even in spite of the contents of the complaint clearly disclose the commission of the cognizable offences as Arbitrary Illegal and contrary to section 173 of B N S S and consequently direct the Respondent No 2 and 3 to conduct preliminary enquiry and register the F I R in pursuant to the complaints dated 18 04 2025 26 05 2025 and latest on 03 02 2026 made by the Petitioner against the Respondent 26 05 2025 and latest on 03 02 2026 No 4 and 5 forthwith and proceed with the investigation in accordance with law….” 2. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader. 3. Mr. Sazid Kallur, learned counsel for the petitioner, submits that respondent Nos.2 and 3 have not registered an FIR pursuant to the complaints dated 18.04.2025, 26.05.2025, and the latest complaint dated 03.02.2026 made by the petitioner against respondent Nos.4 and 5, even 3 Dr. YLR, J W.P.No.5758 of 2026 Dated 06.03.2026 though the contents of the complaints clearly disclose the commission of cognizable offences. 4. Sri P. Ajay Babu, learned Assistant Government Pleader, on written instructions, submits that on 08.02.2026 the petitioner submitted a report through registered post alleging financial irregularities and misappropriation of society funds during the tenure of the previous Managing Committee between 2016 and 2021. In the course of enquiry, it was revealed that there are civil disputes between the members and the former office bearers of the society. No clear evidence has come to light at this stage indicating criminal intention or dishonest misappropriation. The matter appears to relate to financial management and procedural compliance within the society, which is civil in nature. Hence, the respondent police advised the petitioner to approach the appropriate remedy before the competent Civil Court. 5. Be that as it may, the petitioner has an alternative and efficacious remedy before the learned jurisdictional Magistrate by 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 Nos.2 and 3 has failed to register the same, he is at liberty to avail the said remedy under Section 190 read with Section 200 of ‘the Cr.P.C.,’/Section 210 read with Section 223 of ‘the BNSS’. 4 Dr. YLR, J W.P.No.5758 of 2026 Dated 06.03.2026 6. In view of the above, 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’. 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: 06.03.2026 RSI 5 Dr. YLR, J W.P.No.5758 of 2026 Dated 06.03.2026 52 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO: 5758 of 2026 Date: 06.03.2026 RSI