APHC010282372020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] WEDNESDAY, THE FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO: 18650/2020 Between: GUNNAM PRATAP, S/O. GUNNAM RAMANAIAH AGE. 44 YEARS R/O. AMBEDHKAR COLONY, VENKATESWARAPURAM, NELLORE, SPSR NELLORE DISTRICT ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF HOME A. P. SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT 2. THE SUPERINTENDENT OF POLICE, SPSR NELLORE DISTRICT ...RESPONDENT(S): Counsel for the Petitioner: 1. JADA SRAVAN KUMAR Counsel for the Respondent(S): 1. GP FOR HOME The Court made the following: 2 ORDER: The Writ Petition has been filed for the following relief: “…to issue a Writ Order or direction particularly, one in the nature of writ of Mandamus, declaring the action of the respondent No 2 in not acting on his substance of information provided dated 2.09.2020 as per the procedure contemplated u/s 154 (3) of Cr.P.C in investigating the case himself or direct an investigation to be made by any police officer subordinate to him, in the manner provided by this code as illegal, arbitrary and violation of principles of natural justice and also violations of Article 14,16,19 and 300-A of the Constitution of India and consequently direct the respondent No 2 to act in accordance with procedure contemplated u/s 154 (3) of Cr. P.C…” 2. Heard the learned counsel for the Petitioner and the learned Assistant Government Pleader. 3. Sri Ajay Babu, learned Government Pleader for Home, on written instructions, submits that a crime was registered against the petitioner in Cr.No.33 of 2020 under Sections 341, 353, and 506 read with Section 34 of the Indian Penal Code, 1860, dated 20.02.2020. 4. Sri Jada Sravan Kumar, learned counsel for the petitioner, submits that the petitioner submitted information dated 02.09.2020 in accordance with the procedure contemplated under Section 154(3) of the Code of Criminal Procedure, 1973 (for brevity, ‘the Cr.P.C.,’) for investigation, but the said representation was not considered by respondent No.2. 5. In the counter-affidavit, it is mentioned that the representation was considered by respondent No.2 and forwarded to his officials, pursuant to which a preliminary enquiry was conducted, and it was found that the information furnished by the petitioner was not correct. 3 6. Be that as it may, if the complaint or representation of the petitioner was not considered either by the Station House Officer or by respondent No.2, the petitioner has got alternative efficacious remedy by way of filing a private complaint before the learned jurisdictional Magistrate. 7. Considering the facts and circumstances of the case, the Writ Petition is disposed of by 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’. 8. 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. 9. 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: 04.02.2026 PRA 4 42 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION No.18650 of 2020 Date: 04.02.2026 PRA