APHC010639462025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] TUESDAY,THE TWENTY FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO: 33126/2025 Between: 1. BETI BHOOLAKSHMI, D/O KOTHAPALI PEDDA VENKAYYA, AGED ABOUT 40 YEARS, R/O H.NO. 1-199, MADHIRA ROAD, TIRIVURU, NRT DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY THE PRINCIPAL SECRETARY, DEPARTMENT OF HOME AFFAIRS. SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, MANGALAGIRI, GUNTUR DISTRICT. 3. THE COMMISSIONER, NTR POLICE COMMISSIONERATE, NTR DISTRICT, VIJAYAWADA. 4. THE STATION HOUSE OFFICER, TIRUVURU POLICE STATION TIRUVURU, KRISHNA DISTRICT, NOW NTR DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner: VENKATA DURGA RAO ANANTHA Counsel for the Respondent(S): GP FOR HOME 2 Dr. YLR, J W.P.No.33126 of 2025 Dated 24.02.2026 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 issue a writ or order or direction more particularly one in the nature of WRIT OF MANDAMUS Declaring the inaction of the 4th Respondent in not registering an FIR on the petitioner's complaints, dated 10-05-2025 and 08-10-2025 as illegal, arbitrary and violative of Article 21 of the Constitution of India and consequently direct the respondents, particularly the 4th Respondent to forthwith register an FIR on the representation of the petitioner, dated 10-05-2025 and 08-10-2025 and proceed according to law and hand over the vehicle bearing Reg. No. AP 39 ND 0727 Honda Amaze from the possession of the said Kothapalli Suneel Kumar to the petitioner and pass….” 2. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader. 3. Sri Venkata Durga Rao Anantha, learned counsel for the petitioner, submits that respondent No.4 has not registered an FIR pursuant to the complaints dated 10.05.2025 and 08.10.2025 filed by the petitioner, despite the contents of the complaints clearly disclosing the commission of cognizable offences. 4. Sri P. Ajay Babu, learned Assistant Government Pleader, on written instructions, submits that respondent No.4 has conducted a preliminary enquiry under section 173(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’). Based on the contents of the said 3 Dr. YLR, J W.P.No.33126 of 2025 Dated 24.02.2026 representations, it was revealed that the dispute is civil in nature. Therefore, respondent No.4 could not register the same as an FIR. 5. Be that as it may, the petitioner has an alternative and efficacious remedy before the learned jurisdictional Magistrate by way of filing a private complaint. If the petitioner is of the view that his complaint discloses a cognizable offence and is liable to be registered as an FIR, and that respondent No.4 has failed to register the same, he is at liberty to avail the remedy under Section 190 read with Section 200 of ‘the Cr.P.C.,’/Section 210 read with Section 223 of ‘the BNSS’. 6. Considering the above facts and circumstances, recording the submissions of the learned Assistant Government Pleader, the Writ Petition is disposed of granting liberty to the petitioner to approach the learned jurisdictional Magistrate by way of filing a complaint under Section 190 read with Section 200 of ‘the Cr.P.C.,’/Section 210 read with Section 223 of ‘the BNSS’. 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: 24.02.2026 PBS 4 Dr. YLR, J W.P.No.33126 of 2025 Dated 24.02.2026 129 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO: 33126 of 2025 Date: 24.02.2026 PBS