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2026 DAILYLAW 2261 (AP)

Musunnuru Subba Rao, v. The State of Andhra Pradesh

WP/12304/2026 · 2026-05-07

Y Lakshmana Rao

Public Interest Litigationbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010232972026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] FRIDAY, THE EIGHTH DAY OF MAY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO: 12304/2026 Between: 1. MUSUNNURU SUBBA RAO,, S/O KONAYYA, AGED 68 YEARS, R/O D NO 48-8-17, GUNADALA VIJAYAWADA ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT BUILDINGS, VELGAPUDI, AMARAVATHI. 2. THE SUPERINTENDENT OF POLICE, ELURU DISTRICT. 3. THE STATION HOUSE OFFICER, AGIRIPALLI POLICE STATION, ELURU DISTRICT. 4. NALLAMOTHU KIRAN KUMAR, S/O. TIRUPATHAIAH, AGED ABOUT 29 YEARS, R/O. AGIRIPALLI MANDAL, KANASANAPALLI VILLAGE- 521212 ...RESPONDENT(S): Counsel for the Petitioner: 1. PILLIX LAW FIRM Counsel for the Respondent(S): 1. GP FOR HOME 2 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 that the inaction of respondents no.3 in not registering the Crime against respondent no.4 and not taking any action as per the provisions of Chapter XIII of Bharatiya Nagarik Suraksha Sanhita 2023 on the complaint given by the petitioner dated 08-04-2026 as illegal, arbitrary, unconstitutional and in violation of principles of natural justice. Article 21, 300-A and consequently direct the respondents no.3 to forthwith register a crime against the respondents no.4 and the other culprits in the complaint given by the petitioner dated 08-04-2026 as per the provisions of Chapter XIII of Bharatiya Nagarik Suraksha Sanhitha 2023 in the interest of justice and equity…” 2. Heard the learned counsel for Petitioner and learned Assistant Government Pleader. 3. The learned counsel for the Petitioner submits that although the Petitioner submitted a complaint dated 08.04.2026 to Respondent No.3, the same was not registered as an FIR and no investigation was conducted. 4. Sri P. Ajay Babu, learned Assistant Government Pleader, on written instructions, submits that the Petitioner’s complaint was considered by Respondent Police, by way of conducting preliminary enquiry, in which it was found that there exists a civil dispute between the Petitioner and Respondent No.4 and others, and therefore the police did not proceed further with investigation. 5. Be that as it may, the Petitioner has got 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’. 3 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: 08.05.2026 PRA 4 265 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO: 12304 of 2026 Date: 08.05.2026 PRA