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2026 DAILYLAW 18913 (AP)

PENUBADI RAMACHANDRA RAO v. THE STATE OF AP

WP/6729/2026 · 2026-03-22

Y Lakshmana Rao

body2026

Judgment text

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APHC010127642026 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: 6729/2026 Between: 1. PENUBADI RAMACHANDRA RAO, S/O LATE PENUBADI RAMAIAH, AGED ABOUT 55 YEARS OCC RETIRED SOLDIER, R/O 4TH LINE NETAJI NAGAR, MAMURU VILLAGE, PAMURU MANDAL, MARKAPURAM DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT BUILDINGS AT VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT.522238 2. THE SUPERINTENDENT OF POLICE, MARKAPURAM DISTRICT.523316 3. THE STATION HOUSE OFFICER, PAMURU POLICE STATION MARKAPURAM DISTRICT 523316 4. VEMULA RATTAIAH, S/O NOT KNOWN TO THE PETITIONER, AGED MAJOR, R/O ANKALAMMA VEEDHI, PAMURU VILLAGE AND MANDAL, MARKAPURAM DISTRICT 5. PABOLU SHIVA, S/O NOT KNOWN TO THE PETITIONER, AGED MAJOR, R/O CHITRALAYA VEEDHI PAMURU VILLAGE AND MANDAL,MARKAPURAM DISTRICT 523108 ...RESPONDENT(S): 2 Counsel for the Petitioner: 1. S V INDIRA Counsel for the Respondent(S): 1. GP FOR HOME The Court made the following: ORDER: The Writ Petition has been filed for the following relief: “…to issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the inaction of the 3rd respondent in taking action against the unofficial respondents pursuant to the written complaint dt. 23-1-2026 followed by personal visits, as being illegal, arbitrary, unjust and unconstitutional and consequently direct the 3rd respondent to forthwith act upon the complaint dt. 23-1- 2026, and to grant such other relief…” 2. Heard the learned counsel for Petitioner and learned Assistant Government Pleader. 3. Mrs.S.V.Indira, learned counsel for the Petitioner, submits that the complaint lodged by the Petitioner has not been registered as an FIR and proceeded with in accordance with law by the Respondent Police. 4. Sri P.Ajay Babu, learned Assistant Government Pleader, on written instructions, submits that the police have conducted a preliminary enquiry and noticed that the dispute pending between the Petitioner and the unofficial Respondents is civil in nature, involving certain business transactions, and that no evidence has been produced by the Petitioner to proceed further in this case. 3 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/Special Judge 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’. 7. On filing of such private complaint by the Petitioner before the learned Jurisdictional Magistrate/Special Judge, the learned Magistrate/Special Judge is directed to bestow 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 4 38 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO: 6729 of 2026 Date: 23.03.2026 PRA