APHC010045142026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3560] THURSDAY, THE SEVENTH DAY OF MAY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBHENDU SAMANTA WRIT PETITION NO: 3310/2026 Between: 1. JAMMULA PRASADA RAO, S/O SESHAGRIRI RAO AGED ABOUT 62 YEARS, OCC BUSINESS R/O D.NO.22-8-381, 4TH LANE, POSTAL COLONY PARK ROAD, AMARAVATI ROAD, GUNTUR GUNTUR DISTRICT, ANDHRA PRADESH - 522 002 ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP.BY ITS HOME SECRETARY TO GOVERNMENT HOME DEPARTMENT, GOVERNMENT OF ANDHRA PRADESH A.P SECRETARIAT, VELAGAPUDI GUNTUR DISTRICT, ANDHRA PRADESH - 522 238 2. 2. THE SUPERINTENDENT OF POLICE, GUNTUR DISTRICT, GUNTUR, ANDHRA PRADESH 3. 3. THE CENTRAL COMPLAINTS CELL, O/O THE SUPERINTENDENT OF POLICE GUNTUR DISTRICT, GUNTUR, ANDHRA PRADESH 4. 4. THE STATION HOUSE OFFICER, ARUNDELPET POLICE STATION, GUNTUR GUNTUR DISTRICT, ANDHRA PRADESH ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents especially the respondents 2, 3 and 4 in not taking any action against the 2 petitioners report/complaint, dated 11-08-2025, acknowledged under CCC/2025, dated 08-09-2025, and PGRS GNT 20200902340, dated 02-12- 2025, on the offenders named therein and the other consiprators involved, as arbitrary, illegal, unconstitutional and in clear violation of the well settled principles of natural justice, and consequently direct the respodnent authorties, to pass orders on the petitioners report/complaint acknowledged under CCC/2025, dated 08-09-2025, and PGRS GNT 20200902340, dated 02-12-2025, and pass IA NO: 1 OF 2026 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased PLeased to direct the respondents to pass orders on petitoner’s report/complaint/ representation acknowledged under CCC/2025, dated 08- 09-2025, and PGRS GNT 20200902340, dated 02-12-2025, pending the above writ petition, and to pass Counsel for the Petitioner: 1. LEO LAW ASSOCIATES LLP Counsel for the Respondent(S): 1. GP FOR HOME The Court made the following: 3 THE HONOURABLE SRI JUSTICE SUBHENDU SAMANTA WRIT PETITION NO: 3310/2026 Order: The instant Writ Petition is filed under Article 226 of the Constitution of India, seeking the following main prayer: “…..declaring the action of the respondents especially the respondents 2, 3 and 4 in not taking any action against the petitioners report/complaint, dated 11-08-2025, acknowledged under CCC/2025, dated 08-09-2025, and PGRS GNT 20200902340, dated 02-12-2025, on the offenders named therein and the other conspirators involved, as arbitrary, illegal, unconstitutional and in clear violation of the well settled principles of natural justice, and consequently direct the respondent authorities, to pass orders on the petitioners report/complaint acknowledged under CCC/2025, dated 08-09-2025, and PGRS GNT 20200902340, dated 02-12-2025, and pass…..” 2. The petitioner is a private independent Multi System Operator and Broadband Service Provider. It is alleged that he entered into an agreement on 29.05.2019 with Andhra Pradesh State FiberNet Limited (APSFL). According to the petitioner, after entering into such agreement, he suffered huge loss of account of data theft, disruption of services, intimidation and consequential financial loss. Finding no alternative, the petitioner lodged police complaint in on 08.09.2025. However, no action was taken by the police authorities. Thereafter, he again lodged complaint with PGRS on 02.11.2025. It is the submission of the petitioner that police having taken no steps, he filed the present Writ Petition. 3. Sri V. Farook, learned Assistant Government Pleader for Home placed on record written instructions received from the respondent-authorities and 4 submitted that a preliminary enquiry has already been initiated into the allegations made by the petitioner and that the enquiry is presently at a nascent stage. 4. It appears from the written instructions that though the complaint was lodged in the month of September, 2025, no crime has yet been registered against any person in connection with the said complaint. It is very curious to this Court that though the respondent-authorities have all information, they are of view that intervention of this Court may prejudice their process of collection of evidence. This Court is not in consonance with the instructions of the Station House Officer concerned. 5. Taking note of the submissions of learned counsel for the petitioner as well as learned Assistant Government Pleader for Home, respondent No.4 being the Station House Officer, Arundelpet Police Station, Guntur, Guntur District, Andhra Pradesh is hereby directed to conclude the preliminary enquiry as early as possible most preferably within one (1) month from the date of passing of this Order, and register FIR, if he finds any sufficient material to register the case. 6. With the above directions, the Writ Petition stands disposed of. There shall be no order as to costs. ________________________________ SRI JUSTICE SUBHENDU SAMANTA Note:- Date: 07.05.2026 CC by 08.05.2026 (B/o) ARB 5 THE HONOURABLE SRI JUSTICE SUBHENDU SAMANTA WRIT PETITION NO: 3310/2026 Date: 07.05.2026 ARB