APHC010342572026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3504] TUESDAY, THE 28th DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 18286/2026 Between: 1. MADALA SAI PRASANNA, D/O LATE RADHA KRISHNA MURTHY, AGED 27 YEARS, OCC. CULTIVATION, R/O. D.NO. 3-53, (BOVADA CHINNA KOTHAPALLI, BAPATLA DISTRICT, ERSTWHILE PRAKASAM DISTRICT, PRESENTLY RESIDING AT 3-14-100, 2ND LINE, OLD PATTABHIPURAM, GUNTUR DISTRICT. 2. MADALA HANUMANTHA RAO,, S/O. LATE SUBBAIAH AGED 79 YEARS, OCC. CULTIVATION, R/O. 3-14-100, 2ND LINE, OLD PATTABHIPURAM, GUNTUR DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI AMARAVATI, GUNTUR DISTRICT - 522237. 2. THE SUPERINTENDENT OF POLICE, GUNTUR DISTRICT AT GUNTUR - 522002. 3. THE SUBDIVISIONAL POLICE OFFICER SDPO, GUNTUR DIVISION, GUNTUR DISTRICT - 522002. 4. THE STATION HOUSE OFFICER, PATTABHIPURAM POLICE STATION, PATTABHIPURAM, GUNTUR DISTRICT - 522006. 5. VAJJA MURALI KRISHNA, S/O. HAH BABU, AGED 32 YEARS, OCC. CULTIVATION R/O. KURRAVANIPALEM VILLAGE, KORISAPADU MANDAL PRAKASAM DISTRICT - 523213. 6. VAJJA HARI BABU, S/O. RAMULU, AGED 55 YEARS, OCC. DRIVER, R/O KURRAVANIPALEM VILLAGE, KORISAPADU MANDAL, PRAKASAM DISTRICT - 523213 ...RESPONDENT(S): 2 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, more particularly Respondents No. 2 to 4, in not considering the petitioner's representation dated 26.11.2025 submitted for conducting preliminary enquiry under Section 173(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 for registering an FIR against the accused persons for the offences committed including stalking, criminal intimidation, defamation, harassment, misuse of morphed electronic images and other offences punishable under the provisions of Bharatiya Nyaya Sanhita, 2023 and Information Technology Act, 2000, as illegal, arbitrary, unjust, amounts to failure to discharge statutory duties cast upon them under law and violative of Articles 14 and 21 of the Constitution of India and consequently direct the Respondents, particularly Respondent No.4 to consider the petitioner's representation dated 26.11.2025, conduct necessary preliminary enquiry as contemplated under Section 173(3) of BNSS, 2023 and thereafter register FIR against the accused persons and take appropriate action in accordance with law, 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, more particularly Respondent No.4 to consider and take necessary action on the petitioner’s representation dated 26,11.2025 submitted seeking to conduct preliminary enquiry under Section 173(3) of Bharatiya Nagarik Suraksha Sanhita, 2023 and to take appropriate steps against the accused persons by preventing them from indulging in stalking, harassment, criminal intimidation, misuse of electronic media, circulation of morphed images and other illegal activities and to ensure protection of the petitioner’s life, liberty, dignity and privacy and maintain peace and public tranquillity, pending disposal of the main Writ Petition, and pass Counsel for the Petitioner(S): 1. THARIGOPULA SURYA CHAITANYA Counsel for the Respondent(S): 1. GP FOR HOME 3 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 18286 of 2026 The Court made the following Order: Instant Writ Petition is filed by the petitioners under Article 226 of the Constitution of India for 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, more particularly Respondents No. 2 to 4, in not considering the petitioner's representation dated 26.11.2025 submitted for conducting preliminary enquiry under Section 173(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 for registering an FIR against the accused persons for the offences committed including stalking, criminal intimidation, defamation, harassment, misuse of morphed electronic images and other offences punishable under the provisions of Bharatiya Nyaya Sanhita, 2023 and Information Technology Act, 2000, as illegal, arbitrary, unjust, amounts to failure to discharge statutory duties cast upon them under law and violative of Articles 14 and 21 of the Constitution of India and consequently direct the Respondents, particularly Respondent No.4 to consider the petitioner's representation dated 26.11.2025, conduct necessary preliminary enquiry as contemplated under Section 173(3) of BNSS, 2023 and thereafter register FIR against the accused persons and take appropriate action in accordance with law, and pass” 2. Learned counsel for the petitioners submits that despite the petitioners’ complaint dated 26.11.2025, the police are not registering FIR. 3. When the matter is taken up for hearing today, learned counsel for the petitioners submits that in terms of the order of this Court dated 08.07.2026, he has taken notice on unofficial 4 respondent Nos.5 and 6 and filed proof of service vide USR No.81705 of 2026 on 27.07.2026. 4. On the other hand, learned Assistant Government Pleader for Home basing upon the Written Instructions dated 22.07.2026 of the respondent No.4, submits that a Crime in FIR No.407 of 2026 of Pattabhipuram Police Station, Guntur District, for the offences under sections 78(1)(i), 351(2) and 79 of BNS was registered on 21.07.2026 and the investigation is going on. 5. Written Instructions dated 22.07.2026 of the respondent No.4 is made part of the record 6. Recording the submission made by learned Assistant Government Pleader for Home and as the grievance of the petitioner has been redressed, no further orders are required to be passed, the writ petition is closed. However, the respondent police are directed to conduct an investigation in accordance with law. Interlocutory applications, if any, pending shall stand closed. ____________________________________ JUSTICE MAHESWARA RAO KUNCHEAM Date: 28.07.2026 5 KRK 6 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 18286 of 2026 Date: 28.07.2026 KRK