APHC010240312026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] TUESDAY,THE FIFTH DAY OF MAY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO: 12886/2026 Between: ANNE V. SUBBA RAO,, S/O LATE ANNE NAGABHUSHANAM, AGED ABOUT 76 YEARS, OCC RETIRED EMPLOYEE, R/O KESARAPALLY, GANNAVARAM MANDAL, KRISHNA DISTRICT, ANDHRA PRADESH. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT BUILDING, VELAGAPUDI., AMARAVATI - 522238. 2. THE SUPERINTENDENT OF POLICE, MACHILIPATNAM, KRISHNA DISTRICT, ANDHRA PRADESH - 521001. 3. THE STATION HOUSE OFFICER, GANAVARAM POLICE STATION, GANNAVARAM, KRISHNA DISTRICT-521101. ...RESPONDENT(S): Counsel for the Petitioner: KANCHAM GURU RAJA Counsel for the Respondent(S): GP FOR HOME 2 Dr. YLR, J W.P.No.12886 of 2026 Dated 05.05.2026 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 a Issue Writ Order or Direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondents in filing closure/final report in Crime No.581 of 2021 as civil in nature without conducting proper investigation as illegal arbitrary and violative of Articles 14 and 21 of the Constitution of India b Set aside the said closure/final report c Direct the respondents to conduct fair and proper investigation in accordance with law d Direct supply of copy of final report to the petitioner….” 2. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader. 3. Mr. Kancham Guru Raja, learned counsel for the petitioner, submits that the action of the respondents in filing a closure/final report in Crime No.581 of 2021 treating the matter as civil in nature, without conducting a proper investigation, is arbitrary and illegal. 4. Sri P. Ajay Babu, learned Assistant Government Pleader, on written instructions, submits that the allegations made in the writ petition are false and untenable. Upon enquiry, it was found that the dispute between the parties is purely civil in nature and does not disclose commission of any cognizable offence. Hence, no further action was initiated by the respondent police. 5. Be that as it may, when the grievance of the petitioner is against the filing of the closure/final report and the manner of investigation conducted by the respondent police, the petitioner has an alternative efficacious remedy by 3 Dr. YLR, J W.P.No.12886 of 2026 Dated 05.05.2026 filing a protest petition/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’. It appears that the petitioner has not availed the said alternative remedy. 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 granting liberty to the petitioner to challenge the closure/final report before the learned jurisdictional Magistrate by filing an appropriate protest petition/private 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 petition/complaint, the learned jurisdictional Magistrate shall consider and dispose of the same in accordance with law. However, the investigating officer is directed to furnish a copy of the closure/final report to the petitioner within a period of two (02) weeks from the date of receipt of a copy of this order. 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: 05.05.2026 RSI 4 Dr. YLR, J W.P.No.12886 of 2026 Dated 05.05.2026 323 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO: 12886 of 2026 Date:05.05.2026 RSI