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2026 DAILYLAW 2353 (AP)

Smt. Thonduru Jahada v. The Station House Officer

WP/12416/2026 · 2026-05-07

Y Lakshmana Rao

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010221472026 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: 12416/2026 Between: 1. SMT. THONDURU JAHADA, W/O THONDURU BABU AGED ABOUT 47YRS, OCC HOUSEWIFE R/O D.NO.101/205-215, BADARAPETA S.R. NAGAR, KADAPA CITY YSR KADAPA DISTRICT ...PETITIONER AND 1. THE STATION HOUSE OFFICER, TOWN POLICE STATION KADAPA, YSR KADAPA DISTRICT - 516001 2. THE SUPERINTENDENT OF POLICE, KADAPA, YSR KADAPA DISTRICT -516001 3. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR - 522237 4. SAGINALA VIJAYA LAKSHMI, W/O J. SUMAN AGED ABOUT 35YRS, OCC HOUSEWIFE R/O D.NO.2/292-2, BHARATHI NAGAR KADAPA, YSR KADAPA DISTRICT - 516003 5. SAGINALA SRINIVASULU, S/O NOT KNOWN TO THE PETITIONER AGED ABOUT 45YRS, OCC APSRTC CONDUCTOR R/O D.NO.2/292-2, BHARATHI NAGAR KADAPA, YSR KADAPA DISTRICT -516003 ...RESPONDENT(S): 2 Counsel for the Petitioner: 1. P NAGENDRA REDDY 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 a writ, order or direction more particularly one in the nature of writ of Mandamus to declare the action of the respondent No.1 in not registering the FIR against the respondent Nos.4 and 5 in pursuant to the complaint dt.28-01-2026 made by the petitioner even inspite of the contents of the complaint clearly disclose the commission of the cognizable offences of attempt to commit murder, causing blood injuries, outrage of modesty and mischief etc., and continuing to conduct the preliminary investigation even after completing 14 days y as arbitrary, illegal and contrary to Sec.173 (3) of BNSS and violation of Article 14 and 21 of the Constitution of India and consequently direct the respondent No.1 to register the FIR in pursuant to the complaint dt.28- 01-2026 made by the petitioner against the respondent Nos.4 and 5 forthwith for committing the offences of attempt to commit murder, causing blood injuries, outrage of modesty and mischief etc., and proceed with the investigation in accordance with law in the interest of justice.…” 2. Heard the learned counsel for Petitioner and learned Assistant Government Pleader. 3. Mr. P. Nagendra Reddy, learned counsel for the Petitioner, submits that although the Petitioner submitted a complaint dated 28.01.2026 to Respondent No. 1 against Respondent Nos. 4 and 5, 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 the Respondent Police by way of preliminary enquiry, in which it was found that 3 there exists a civil dispute between Respondent Nos. 4 and 5, 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’. 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 4 271 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO: 12416 of 2026 Date: 08.05.2026 PRA