APHC010159552026 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: 8978/2026 Between: MOHAMMAD ZAKIR HUSSAIN, S/O MD. HUSSAIN MIAH, AGED ABOUT 59 YEARS, RESIDING AT H.NO. 4-9-54, BALAJI NAGAR, KURNOOL, PRESENTLY SERVICE AS THE PRESIDENT OF THE HAZRAT JI MASJID COMMITTEE (NASEER MASJID). REG.NO. 395 OF 2018, RIO, H.NO. 90/3-120, BALAGI NAGAR, STANTANPURAM, KURNOOL-518006. ...PETITIONER AND 1. THE STATE OF AP, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI,AMARAVATHI GUNTUR DISTRICT REP.BY ITS PRINCIPAL SECRETARY -522237. 2. THE SUPERINTENDENT OF POLICE, KURNOOL DISTRICT, KURNOOL-5018001. 3. THE CIRCLE INSPECTOR OF POLICE, TALUKA POLICE STATION, KURNOOL, KURNOOL DISTRICT -518001. 4. MD ABRARUL HAQ, S/O, MD. ABUL HAIAFSAR, AGED ABOUT 48 YEARS, R/O H.NO. 91-1-47, MAMATHA NAGAR, BALAJI NAGAR, KURNOOL -518006. 5. S MOHAMMED SHARIF, S/O, SHAIK SULTAN MIAH, AGED ABOUT 49 YEARS, H.NO. 3-115-1-1, HAZRATHJI NAGAR, KURNOOL - 518006. 2 Dr. YLR, J W.P.No.8978 of 2026 Dated 07.04.2026 ...RESPONDENT(S): Counsel for the Petitioner: G SRAVAN KUMAR 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 of mandamus or any other appropriate writ or direction declaring the inaction of the respondents No 2 and 3 in not registering the FIR on the complaint made by the petitioner dated 13 02 2026 and 09 03 2026 against the respondents No 4 and 5 as illegal arbitrary and consequently direct the respondents 2 and 3 to register the FIR against the Respondents No 4 and 5 and pass….” 2. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader. 3. Sri G. Sravan Kumar, the learned counsel for the petitioner, submits that the complaints of the petitioner dated 13.02.2026 and 09.03.2026 were not registered by the police despite it discloses a cognizable offence. 4. Sri P. Ajay Babu, learned Assistant Government Pleader, on written instructions, submits that the police have conducted a preliminary enquiry and came to know that the complaints of the petitioner discloses a civil issue. Therefore, the police could not register any case. 3 Dr. YLR, J W.P.No.8978 of 2026 Dated 07.04.2026 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.8978 of 2026 Dated 07.04.2026 168 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO: 8978 of 2026 Date:07.04.2026 RSI