APHC010147992026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] TUESDAY,THE SEVENTH DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO: 8785/2026 Between: P. LAKSHMI BAI,, W/O P. AKHIL NAIK, AGED ABOUT 29 YEARS, R/O DOOR NO. 1-30, SUGALI STREET, L.K. THANDA, GANI VILLAGE, GADIVEMULA MANDAL, NANDYAL DISTRICT ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT- 522238 2. THE SUPERINTENDENT OF POLICE, NANDYAL DISTRICT, NANDYAL- 518501 3. THE STATION HOUSE OFFICER, GADIVEMULA POLICE STATION, GADIVEMULA, NANDYAL DISTRICT- 518508 4. P RAJU NAIK, , S/O P. HUNA NAIK, R/O. H.NO. 1-29, L.K. THANDA, GANI VILLAGE, GADIVEMULA MANDAL, NANDYAL DISTRICT- 518010 5. P SAILAJA BAI, W/O P. RAJU NAIK, R/O. H.NO. 1-29, L.K. THANDA, GANI VILLAGE, GADIVEMULA MANDAL, NAMDYAL DISTRICT- 518010 6. P KAMILI BAI, S/O P. HUNA NAIK, R/O. H.NO. 1-86, L.K. THANDA, GANI VILLAGE, GADIVEMULA MANDAL, NANDYAL DISTRICT- 518010 2 Dr. YLR, J W.P.No.8785 of 2026 Dated 07.04.2026 ...RESPONDENT(S): Counsel for the Petitioner: K NAGA PHANINDRA 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 an appropriate writ order or direction more particularly one in the nature Writ of Mandamus declaring the action of the 2nd respondent in not registering the FIR on the complaint dated against the respondents 4 to 6 even though cognizable offence is made out in the complaint as illegal 07 02 2026 arbitrary and consequently direct the respondents to register the aforesaid complaint and investigate the same and pass….” 2. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader. 3. Mr. K. Naga Phanindra, the learned counsel for the petitioner, submits that, even though the complaint of the petitioner dated 07.02.2026 discloses the commission of a cognizable offence, the respondent police have neither registered an FIR nor conducted any investigation. 4. Sri P. Ajay Babu, learned Assistant Government Pleader, on written instructions, submits that, in respect of the very same alleged incident, a case was registered against the petitioner vide Crime No.05 of 2026 of Gadivemula Police Station, Nandyal District, for the alleged offences punishable under 3 Dr. YLR, J W.P.No.8785 of 2026 Dated 07.04.2026 Sections 126(2), 115(2), 351(2), 79 read with 3(5) of ‘the BNS’. It is further submitted that the investigation was completed, a charge sheet was filed on 25.02.2026, and the same was numbered as C.C.No.235 of 2026 on the file of the learned Judicial Magistrate of First Class, Nandyal, wherein the petitioner was imposed a fine of Rs.1,000/- by the competent Court. It is also submitted that the complaint of the petitioner discloses only non-cognizable offences and that the version of the petitioner in the complaint is false. 5. Be that as it may, the petitioner has an alternative efficacious remedy by filing a private complaint before the learned jurisdictional Magistrate under Section 190 read with Section 200 of ‘the Cr.P.C.,’/Section 210 read with Section 223 of ‘the BNSS’. 6. Considering the entire facts and circumstances of the case, and recording the submissions of the learned Assistant Government Pleader, the Writ Petition is disposed of, requiring the petitioner to approach the learned jurisdictional Magistrate by way of filing an appropriate complaint under Section 190 read with Section 200 of ‘the Cr.P.C.,’/Section 210 read with Section 223 of ‘the BNSS’, if so advised. 7. With the above observations and directions, 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: 07.04.2026 RSI 4 Dr. YLR, J W.P.No.8785 of 2026 Dated 07.04.2026 170 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO: 8785 of 2026 Date:07.04.2026 RSI