1 APHC010469732025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] TUESDAY,THE THIRD DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO: 24917/2025 Between: Gattu Appaiah Swamy ...PETITIONER AND The State Of Ap and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. PILLIX LAW FIRM Counsel for the Respondent(S): 1. 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 writ order or direction more particularly one in the nature of writ of mandamus declaring the action of respondent No.2 and 3 in not taking any action against the representation dated 06.08.2025 containing the evidence of petitioner against the crime No.124/2025 dated 04.08.2025 which was falsely registered against the petitioner by the respondent No.4 as illegal arbitrary unconstitutional and in violation of principles of natural justice article 14, 21 of the Indian constitution and consequently direct the respondent No.3 to change the investigation officer in crime No.123/2025 2 dated 04082025 and crime No.124/2025 dated 04.08.2025 and to pass such other order(s)….” 2. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Home. 3. The learned counsel for the petitioner submits that the petitioner submitted a representation dated 06.08.2025 enclosing certain evidence in respect of Crime No.124 of 2025, which was allegedly falsely registered against the petitioner by respondent No.4, and consequently requested the 3rd respondent to change the Investigating Officer in Crime Nos.123 of 2025 and 124 of 2025. 4. Sri P. Ajay Babu, learned Assistant Government Pleader, on instructions, submits that the police, after thorough investigation, have laid a charge sheet in Crime No.123 of 2025 and that the investigation in Crime No.124 of 2025 is still in progress. In view of the filing of the charge sheet in Crime No.123 of 2025, the request for change of the Investigating Officer in that crime does not arise. If aggrieved, the petitioner is at liberty to approach the jurisdictional Magistrate by filing an appropriate application under Section 190 read with Section 200 of the Code of Criminal Procedure, 1973 / Section 210 read with Section 223 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity, “the BNSS”). 5. It is further submitted that, in the said representation, the petitioner ultimately requested the Investigating Officer to refer the case registered against him in Crime No.123 of 2025 as a false case. Insofar as the representation dated 06.08.2025 submitted by the petitioner in Crime No.124 3 of 2025 is concerned, the same is required to be considered by the 2nd respondent in the correct perspective. Insofar as Crime No.123 of 2025 is concerned, the complaint, if to be filed, of the complainant is required to be considered by the learned jurisdictional Magistrate, inasmuch as the investigation has already been completed and a charge sheet has been filed. 6. In view of the filing of the charge sheet in Crime No.123 of 2025, the petitioner is at liberty to approach the learned jurisdictional Magistrate by filing an appropriate application, in accordance with law. 7. With the above observations, the Writ Petition is disposed of. No order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. ________________________ Dr.Y. LAKSHMANA RAO, J. Date: 03.02.2026 KMS 4 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION No.24917 of 2025 Date: 03.02.2026 KMS 167