APHC010104142026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] FRIDAY,THE TENTH DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO: 5927/2026 Between: 1. STELLA MINING LLP, REP. BY ITS MANAGER, JAGABATHULA NAGA CHANDRA MOULI, S/O PARVEEESWARA RAO, AGE 45 YEARS, O/AT 4-96, AYYAPPANAGAR, TEKKALI VILLAGE, SRIKAKULAM DISTRICT, ANDHRA PRADESH. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRL. SECRETARY, HOME DEPORTMENT, SECRETARIAT, AMARAVATHI. 2. THE SUPERINTENDENT OF POLICE, SRIKAKULAM DISTRICT, O/O. AT SRIKAKULAM, SRIKAKULAM DISTRICT, ANDHRA PRADESH. 3. THE STATION HOUSE OFFICER, TEKKALI POLICE STATION, TEKKALI, SRIKAKULAM DISTRICT, ANDHRA PRADESH. 4. M/S R AND R ENGINEERING AND HEAVY MACHINERY SERVICES, REP. BY ITS PROPRIETOR, SHAIK RASOOL, S/O SHAIK MAHABOOB BASHA, AGE 48 YEARS, O/AT SY.NO.244/A, KARIMNAGAR TO BHAVUPET ROAD, KAMANPUR VILLAGE, KOTHAPALLY MANDAL, KARIMNAGAR DISTRICT, TELANGANA STATE-505401. 5. SHAIK RASOOL, S/O SHAIK MAHABOOB BASHA, AGE 48 YEARS, OCC. PROPRIETOR OF R AND R ENGINEERING AND HEAVY MACHINERY SERVICES, O/AT SY.NO.244/A, KARIMNAGAR TO BHAVUPET ROAD, KAMANPUR VILLAGE, KOTHAPALI MANDAL, 2 Dr.YLR, J W.P.No.5927 of 2026 Dated 10.04.2026 KARIMNAGAR DISTRICT, TELANGANA STATE-505401. ...RESPONDENT(S): Counsel for the Petitioner: 1. L RANJITH KUMAR 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, by declaring the action of the action of the 2ND AND 311 respondents in not to register the case against the 4TH AND 5TH respondents, who participated in commission of the offence, basing on the report of the petitioner, dated 13-05-2025, as illegal and arbitrary and against the principles of natural justice and violative of Article 14,19 and 21 of Constitution of India and consequently to direct the 311 respondent to register the crime against the 4th AND 5th respondents who participated in the commission of the offence, basing on the report of the petitioner, dated 13-05-2025, and pass such order(s).” 2. Heard the learned counsel for the Petitioner and the learned Assistant Government Pleader for Home. 3. Sri L. Ranjith Kumar, learned counsel for the Petitioner, submits that the complaint lodged by the Petitioner on 13.05.2025 has not been registered as a case nor investigated by the Investigating Officer/Respondent No.3. 4. Sri P. Ajay Babu, learned Assistant Government Pleader for Home, on written instructions, submits that the complaint was received through PGRS, based on which a preliminary inquiry was conducted under Section 173(3) of 3 Dr.YLR, J W.P.No.5927 of 2026 Dated 10.04.2026 the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity, “BNSS”), and it was found that the dispute is civil in nature. 5. The Petitioner has an alternative efficacious remedy of filing a complaint before the jurisdictional Magistrate under Section 190 read with Section 200 of the Code of Criminal Procedure, 1973 (for brevity, “Cr.P.C.”), or under Section 210 read with Section 223 of the BNSS, seeking appropriate orders for referring the matter to the police for registration of a case and investigation; alternatively, the Magistrate may take cognizance of the case by recording the sworn statements of the Petitioner and the witnesses. 6. Considering the facts and circumstances of the case, the Writ Petition is disposed of, granting liberty to the Petitioner to approach the jurisdictional Magistrate under Section 190 read with Section 200 of the Cr.P.C., or under Section 210 read with Section 223 of the BNSS, by way of a private complaint, if so advised. 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: 10.04.2026 KMS 4 Dr.YLR, J W.P.No.5927 of 2026 Dated 10.04.2026 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO Writ PETITION No.5927 of 2026 Date: 10.04.2026 KMS