APHC010203122026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] MONDAY,THE FOURTH DAY OF MAY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO: 11173/2026 Between: KATIKITHALA RAJA RAO, S/O K ANANDA RAO, AGED ABOUT 54 YEARS, C/O G MAHA RAJU, R/O D.NO.11-167, NEAR GIRLS HIGH SCHOOL, AKIVIDU VILLAGE AND MANDAL, WEST GODAVARI DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 522237 2. THE SUPERINTENDENT OF POLICE, WEST GODAVARI DISTRICT, BHIMAVARAM. 534201 3. THE DEPUTY SUPERINTENDENT OF POLICE, BHIOMAVARAM WEST GODAVARI DISTRICT. . 534201 4. THE CIRCLE INSPECTOR OF POLICE, BHIMAVARAM L-TOWN P.S, BHIMAVARAM, WEST GODAVARI DISTRICT. 534201 5. JILLELLA SATYA SUDHAMA, D/O J PRASAD R/O FLAT NO.501, SRI RANGA PLAZA, CHINARANGANNA PALEM, BHIMAVARAM, WEST GODAVARI DISTRICT. - 534201 6. BOTLA YUGANDHAR KIRAN KUMAR, S/O NOT KNOW TO THE PETITIONER, SUB INSPECTOR OF POLICE, I TOWN P.S, BHIMAVARAM, WEST GODAVARI DISTRICT. - 534201 2 Dr. YLR, J W.P.No.11173 of 2026 Dated 04.05.2026 7. M NAGARAJU, S/O NOT KNOW TO THE PETITIONER. CIRCLE INSPECTOR OF POLICE, I TOWN P.S, BHIMAVARAM, WEST GODAVARI DISTRICT. 534201 ...RESPONDENT(S): Counsel for the Petitioner: T V JAGGI REDDY 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 order or direction especially in the nature of Writ of Mandamus or any other appropriate writ declaring the action of the Respondents No 2 in not considering petitioner Representation/ Complaint dt 29.12.2025 and 06.04.2026 for conducting enquiry and registering a case against the Respondents No. 5 to 7 is illegal arbitrary and contrary to Bharatiya Nagarik Suraksha Sanhita 2023 Criminal Procedure Code 1973 and Art 14 and 21 of the Constitution of India and consequently direct the Respondents No. 2 to consider petitioner representation/complaint dt 29.12.2025 and 06. 04.2026 by conducting enquiry and registering a case against the Respondents No 5 to 7 and pass….” 2. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader. 3. Sri T.V. Jaggi Reddy, learned counsel for the petitioner, submits that the petitioner submitted two representations dated 29.12.2025 and 06.04.2026 to respondent No.2 seeking conduct of enquiry and registration of FIR against 3 Dr. YLR, J W.P.No.11173 of 2026 Dated 04.05.2026 respondent Nos.5 to 7, but respondent No.2 has not conducted any investigation on the said representations. 4. Sri P. Ajay Babu, learned Assistant Government Pleader, on written instructions, submits that the respondent police conducted a preliminary enquiry on the representations submitted by the petitioner under Section 173(3) of ‘the BNSS’ and found that the issue was settled before the elders. Therefore, the respondent police could not proceed further in accordance with law against the private parties based on the complaints submitted by the petitioner. 5. Be that as it may, when the complaints of the petitioner were not considered for registration of FIRs and no investigation was conducted, 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. Having regard to 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 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. On filing of such complaint, the learned jurisdictional Magistrate shall dispose of the same in accordance with law. 4 Dr. YLR, J W.P.No.11173 of 2026 Dated 04.05.2026 7. However, the respondent police are directed to furnish the preliminary enquiry report based on the two complaints submitted by the petitioner, within a period of three (03) weeks from the date of receipt of the copy of this order. 8. 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: 04.05.2026 RSI 5 Dr. YLR, J W.P.No.11173 of 2026 Dated 04.05.2026 242 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO: 11173 of 2026 Date:04.05.2026 RSI