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2026 DAILYLAW 28076 (AP)

Sri Ramapurapu Mohana Venkata Chinna Rao v. The State of Andhra Pradesh

WP/1113/2026 · 2026-01-18

Y Lakshmana Rao

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010716232025 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) MONDAY,THE NINETEENTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO: 1113/2026 Between: 1. SRI RAMAPURAPU MOHANA VENKATA CHINNA RAO,, S/O LATE APPARAO, AGED ABOUT 42 YEARS RESIDENT OF D.NO. 54 34/2, BHANU NAGAR, NEAR KRISHNA COLLEGE, MADDILAPALEM, VISAKHAPATNAM. 1. THE STATE OF ANDHRA PRADESH, REPRESENTED PRINCIPAL SECRETARY DEPARTMENT OF HOME, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT 2. THE COMMISSIONER OF POLICE, VISAKHAPATNAM CITY, VISAKHAPATNAM DISTRICT 3. THE STATION HOUSE OFFICER, M.V.P.POLICE STATION, VISAKHAPATNAM CITY 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 topleased to issue a Writ, Order or Dir the nature of Writ of Mandamus declaring the action of the respondents in not considering the representation/Complaint of the petitioner dated 15.12.2025 given to the 3rd respondent and harassing him by calling the petit police station to withdraw the complaint as illegal, arbitrary and violative of Articles 14, 21 and 300A of Constitution of India and consequently direct the 1 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY,THE NINETEENTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO: 1113/2026 SRI RAMAPURAPU MOHANA VENKATA CHINNA RAO,, S/O LATE APPARAO, AGED ABOUT 42 YEARS RESIDENT OF D.NO. 54 34/2, BHANU NAGAR, NEAR KRISHNA COLLEGE, MADDILAPALEM, ...PETITIONER AND THE STATE OF ANDHRA PRADESH, REPRESENTED PRINCIPAL SECRETARY DEPARTMENT OF HOME, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT-522237. THE COMMISSIONER OF POLICE, VISAKHAPATNAM CITY, VISAKHAPATNAM DISTRICT-530002. THE STATION HOUSE OFFICER, M.V.P.POLICE STATION, VISAKHAPATNAM CITY, VISAKHAPATNAM DISTRICT-530017. ...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 topleased to issue a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not considering the representation/Complaint of the petitioner dated 15.12.2025 given to the 3rd respondent and harassing him by calling the petitioner to the police station to withdraw the complaint as illegal, arbitrary and violative of Articles 14, 21 and 300A of Constitution of India and consequently direct the IN THE HIGH COURT OF ANDHRA PRADESH [3521] THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO SRI RAMAPURAPU MOHANA VENKATA CHINNA RAO,, S/O LATE APPARAO, AGED ABOUT 42 YEARS RESIDENT OF D.NO. 54-12- 34/2, BHANU NAGAR, NEAR KRISHNA COLLEGE, MADDILAPALEM, ...PETITIONER THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF HOME, SECRETARIAT, THE COMMISSIONER OF POLICE, VISAKHAPATNAM CITY, THE STATION HOUSE OFFICER, M.V.P.POLICE STATION, 530017. ...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 ection more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not considering the representation/Complaint of the petitioner dated 15.12.2025 ioner to the police station to withdraw the complaint as illegal, arbitrary and violative of Articles 14, 21 and 300A of Constitution of India and consequently direct the 2 Respondents to take necessary action by considering the petitioner's representation/complaint dated 15.12.2025 and also not to harass the petitioner by calling him to the police station to withdraw the complaint 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 dispose of the representation of the petitioner dated 15.12.2025 and pass Counsel for the Petitioner: 1. PRATHIWADA VARUN KUMAR Counsel for the Respondent(S): 1. GP FOR HOME The Court made the following: 3 ORDER: The present writ petition is filed to declare the action of the respondents in not considering the representation/complaint dated 15.12.2025 submitted by the petitioner to the 3rd respondent, and harassing the petitioner by calling him to the police station and pressurizing him to withdraw the complaint, is illegal, arbitrary, and violative of law. 2. Heard Sri Prathivada Varun Kumar, learned counsel for the petitioner, and Sri P. Ajay Babu, learned Assistant Government Pleader for Home, appearing for the respondents. 3. The learned counsel for the petitioner would submit that the representation/complaint dated 15.02.2025 of the petitioner to the Commissioner of Police against certain persons, alleging that they had expressed mischief and posed a threat to the petitioner’s valuable property has not been considered. 4. Learned Assistant Government Pleader for Home, on written instructions, submits that pursuant to the complaint dated 15.02.2025 lodged by the petitioner, a preliminary enquiry was conducted and it was found that the dispute is civil in nature. Accordingly, the petitioner was advised to approach the competent Civil Court for appropriate relief. 5. Be that as it may, if the representation of the petitioner has not been considered by respondent Nos.2 and 3, the petitioner has an efficacious 4 alternative remedy of filing a private complaint 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), before the jurisdictional Magistrate. 6. In view of the above, the writ petition is disposed of, granting liberty to the petitioner to approach the jurisdictional Magistrate for redressal of his grievance, in accordance with law. No order as to costs. As a sequel thereto, miscellaneous petitions pending if any, shall stands closed. _________________________ DR. Y. LAKSHMANA RAO, J Date: 19.01.2026 KKV