APHC010121402026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] MONDAY,THE TWENTY THIRD DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO: 6629/2026 Between: 1. SMT. PIRIDI MADHAVI,, W/O LATE VENU GOPAL AGED ABOUT 50 YEARS, R/O. D.NO.53-20-19, CHAITANYA NAGAR, MADDILAPALEM, VISAKHAPATNAM-530013. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT-522238. 2. THE COMMISSIONER OF POLICE, VISAKHAPATNAM-530002, ANDHRA PRADESH. 3. THE CIRCLE INSPECTOR OF POLICE, PENDURTHI, POLICE STATION, VISAKHAPATNAM-531173, ANDHRA PRADESH. 4. THE SUB INSPECTOR OF POLICE, PENDURTHI, POLICE STATION, VISAKHAPATNAM-531173, ANDHRA PRADESH. 5. SARAGADAM SANTOSH KUMAR, , S/O. S.SURYANARAYANA AGED ABOUT 40 YEARS, R/O. D.NO.4-57, NEAR NATRAJ THEATRE, PENDURTHI, VISAKHAPATAM-531173. 6. M/S KANAKAMANICONSTRUCTIONS, REP. BY ITS MANAGING PARTNER, SRI SANAPALA SATYANARAYANA S/O LATE SEETHARAMAIAH, AGED 49 YEARS, O/O. D.NO.39-9-96/1, 2 TANNETI NAGAR, MADHAVADHARA, VISAKHAPATNAM-530007. 7. SMT UPPADA SWARAJYA LAKSHMI, W/O. BADANA SURYANARAYANA NAIDU, AGED ABOUT 65 YEARS, RESIDING AT D.NO.58-14-49/3, N.A.D. KOTHA ROAD POST, MIG-1 NH-5, VUDA LAYOUT, MARRIPALEM, VISAKHAPATNANN-530018. 8. SRI BADANA SURYANARAYANA NAIDU, S/O BADANA NARAYANAPPADU, AGED ABOUT 67 YEARS, RESIDING AT D.NO.58-14-49/3, N.A.D. KOTHA ROAD POST, MIG-1 NH-5, VUDA LAYOUT, MARRIPALEM, VISAKHAPATNAM-530018. 9. VAYIBOYINA RAJU, S/O V. DEMUDU, AGED ABOUT 50 YEARS RESIDING AT D.NO.16-109/1, DOGGAVANIPALEM, PENDURTHI, VISAKHAPATNAM-531173. 10. M/S DEVI CONSTRUCTIONS, REP. BY ITS MANAGING PARTNER BODDEDA NARESH, S/O THATA RAO, D.NO.39-27-44/7, VUDA COLONY, MADHAVADHARA, VISAKHAPATNAM-530007. 11. SMT BODDEDA LAKSHMI TULASI KRISHNA KUMARI, W/O BODDEDA THATA RAO, D.NO.39-27-44/7, VUDA COLONY, MADHAVADHARA, VISAKHAPATNAM-530007. 12. SRI BODDEDA THATA RAO, S/O NOT KNOWN, AGED ABOUT 68 YEARS, D.NO.39-27-44/7, VUDA COLONY, MADHAVADHARA, VISAKHAPATNAM-530007. ...RESPONDENT(S): Counsel for the Petitioner: 1. CKR ASSOCIATES Counsel for the Respondent(S): 1. GP FOR HOME The Court made the following: 3 ORDER: The Writ Petition has been filed for the following relief: “…to issue a Writ of Mandamus or any other appropriate writ, order or direction declaring the action of Respondent Police in endorsing the Petitioners complaint dated 31.01.2026 as civil in nature vide endorsement dated 02.02.2026 and in failing to register a case and take action despite disclosure of cognizable offences including criminal trespass, mischief, and violation of subsisting court injunction orders, as illegal, arbitrary and violative of Articles 14 and 21 of the Constitution of India and pass…” 2. Heard the learned counsel for Petitioner and learned Assistant Government Pleader. 3. Mr. S.V.S.S. Sivaram, learned counsel for the Petitioner, filed this Writ Petition challenging the action of the Investigating Officer in referring the Petitioner’s complaint as civil in nature. 4. Sri P. Ajay Babu, learned Assistant Government Pleader, on written instructions, submits that after conducting a preliminary enquiry, the Respondent Police have referred the complaint of the Petitioner as civil in nature. 5. Be that as it may, the Petitioner has got alternative efficacious remedy under Section 200 of ‘the Cr.P.C.,’ / Section 210 read with 223 of ‘the BNSS’ when the complaint is not considered by the Respondent Police. 6. Considering the facts and circumstances of the case, and 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 223 of ‘the BNSS’. 4 7. On filing of such private complaint by the Petitioner before the learned Jurisdictional Magistrate, the learned Jurisdictional Magistrate is directed to bestow his attention to the same and deal with the complaint in accordance with law. 8. In the result, 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: 23.03.2026 PRA 5 45 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO: 6629 of 2026 Date: 23.03.2026 PRA