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2026 DAILYLAW 27076 (AP)

VALLABHUNI GOPI v. THE STATE OF AP

WP/34812/2025 · 2026-03-12

Y Lakshmana Rao

body2026

Judgment text

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APHC010673142025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] FRIDAY,THE THIRTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO: 34812/2025 Between: 1. VALLABHUNI GOPI, S/O VALLABHUNI MEERAIAH, AGED ABOUT 26 YEARS, R/O 11-127, PALLEPALEM, KOTHAPATNAM, ALLURU, PRAKASAM ANDHRA PRADESH- 523286. ...PETITIONER AND 1. THE STATE OF AP, REP BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI. 2. THE SUPERINTENDENT OF POLICE, PRAKASAM DISTRICT. 3. THE STATION HOUSE OFFICER, KOTHAPATNAM POLICE STATION, PRAKASAM DISTRICT ...RESPONDENT(S): Counsel for the Petitioner: P MALLIKHARJUNA RAO Counsel for the Respondent(S): GP FOR HOME The Court made the following: 2 Dr. YLR, J W.P.No.34812 of 2025 Dated 13.03.2026 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 a writ of mandamus declaring the action of the 3rd respondent in not registering the crime upon the report of the petitioner for the alleged incident dated 26.09.2025 and not acting upon the representation of the petitioner dated 24.11.2025, which was forwarded by the 2nd respondent to the 3rd respondent vide PGRS C.No.34 dated 24.11.2025, for taking necessary action, is arbitrary, irrational and contrary to the procedure laid down in the BNSS, consequently direct the 3rd respondent to act upon my representation dated 24.11.2025 following the due process of law and pass….” 2. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader. 3. Sri P. Mallikharjuna Rao, learned counsel for the petitioner, submits that the complaint submitted by the petitioner dated 24.11.2025 was not registered as FIR by the 3rd respondent. 4. Sri P. Ajay Babu, learned Assistant Government Pleader, requests this Court to pass appropriate orders. 5. When a complaint is submitted by any person to a police officer for registration of an FIR and for conducting an investigation, and if such complaint is not acted upon by the Investigating Officer, the petitioner has an alternative efficacious remedy under Sections 190 and 200 read with Section 223 of ‘the BNSS’. 3 Dr. YLR, J W.P.No.34812 of 2025 Dated 13.03.2026 6. In view of the above, the writ petition is disposed of, by granting liberty to the petitioner follow the procedure contemplated by way of filing a complaint before the learned Jurisdictional Magistrate under Section 190 read with Section 200 of ‘the Cr.P.C.,’ or Section 210 read with Section 223 of ‘the BNSS’, in accordance with law. 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: 13.03.2026 PBS 4 Dr. YLR, J W.P.No.34812 of 2025 Dated 13.03.2026 230 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO: 34812 of 2025 Date: 13.03.2026 PBS