APHC010724112025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] TUESDAY, THE TWENTY SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO: 1224/2026 Between: Gangalla Pavani ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. SRINIVAS AMBATI 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 a writ order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondents 2 to 4 in not registering the crime on petitioners complaint dt.11.11.2025 on the file of 4th respondent as being illegal irregular and amounts to non-discharge of legal obligation conferred on the respondents under the provisions of the Bharatiya Nagarik Suraksha Sanhita 1973 as illegal irregular irrational amounts to non discharge of legal obligation conferred on them under the provisions of Bharatiya Nagarik Suraksha Sanhita and offends Articles 14 and 21 of Constitution of India and consequently direct the respondent 2 Nos.2 and 3 to register the crime and prosecute the accused persons for appropriate offences and penal provisions of law and pass such other order(s)….” 2. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Home. 3. Sri Srinivas Ambati, learned counsel for the petitioner, submits that the police have not registered any crime based on the complaint dated 11.11.2025 lodged by the petitioner before respondent No.4. 4. Sri P. Ajay Babu, learned Assistant Government Pleader for Home, on instructions, submits that certain witnesses approached the P.M. Palem Police Station with respect to the alleged offence of cheating. The complaint of one of those witnesses was registered as a case in Crime No.216 of 2025 under Section 420 read with Section 34 of the Indian Penal Code, 1860 (for brevity, “the IPC”) and Sections 1, 2, and 3 the Banning of Unregulated Deposit Schemes Act, 2019 (for brevity „the BUDS Act‟) on 11.04.2025 by the Station House Officer, P.M. Palem Police Station, Visakhapatnam Commissionerate. He further submits that the petitioner is a resident of Srikakulam and had lodged a report before the Station House Officer, Srikakulam Rural Police Station. 5. Be that as it may, the petitioner has got an effective and efficacious alternative remedy under Section 190 read with Section 200 of the Code of Criminal Procedure, 1973, (for brevity „the I.P.C‟)/Section 210 read with Section 223 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity, “the BNSS”). If the complaint of the petitioner discloses a cognizable offence and 3 the same is not registered by the 4th respondent, the petitioner has a remedy to approach the 2nd respondent by submitting a representation seeking a direction to the 4th respondent to register a crime. If the 2nd respondent does not respond to such representation, the petitioner has a further remedy under Section 190 read with Section 200 of the Cr.P.C. / Section 210 read with Section 223 of the BNSS by filing a private complaint 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 by filing an appropriate complaint. Upon such complaint being filed, the learned jurisdictional Magistrate concerned is directed to consider the same and take it to its logical conclusion in accordance with law. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. ________________________ Dr.Y. LAKSHMANA RAO, J. Date: 27.01.2026 KMS 4 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION No.1224 of 2026 Date: 27.01.2026 KMS 204