APHC010179812026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] MONDAY,THE TWENTIETH DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO: 9760/2026 Between: 1. SMT. B. USHA RANI,, W/O B. ANJANEYULU NAIDU, D.NO. 1-20, SANKAMPALLI VILLAGE AND POST, PAKALA MANDAL, TIRUPATI DISTRICT ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT, AMARAVATHI, VELAGAPUDI, GUNTUR DISTRICT...522238 2. THE SUPERINTENDENT OF POLICE, CHITTOOR, CHITTOOR DISTRICT...517001 3. THE CIRCLE INSPECTOR, PAKALA CHITTOOR DISTRICT..517112 4. THE STATION HOUSE OFFICER, PENUMURU POLICE STATION, CHITTOOR DISTRICT...517126 ...RESPONDENT(S): Counsel for the Petitioner: 1. SURE MAHENDRA Counsel for the Respondent(S): 1. GP FOR HOME The Court made the following: ORDER: 2 Dr.YLR,J W.P.No.9760 of 2026 Dated 20.04.2026 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 nature of Writ of Mandamus declaring the action of the respondents in in not registering crime and not initiating any investigation on my complaint dt 12 01 2026 illegal and arbitrary And consequently direct the respondents to consider the complaint and conduct proper investigation take necessary action in accordance with law and pass such order(s).” 2. Heard the learned Counsel for the Petitioner and the learned Assistant Government Pleader for Home. 3. Sri Sure Mahendra, learned Counsel for the Petitioner, submits that the Petitioner had submitted a complaint dated 12.01.2026. However, the police have neither registered the same as an FIR nor initiated any investigation. 4. Sri P. Ajay Babu, learned Assistant Government Pleader for Home, on written instructions, submits that the Respondent Police conducted a preliminary inquiry under Section 173(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity, “the BNSS”) and found that the dispute is civil in nature. 5. Be that as it may, the Petitioner has an alternative and efficacious remedy of filing a private complaint before the jurisdictional Magistrate under Section 190 read with Section 200 of the Code of Criminal Procedure, 1973 (for brevity, „the Cr.P.C‟), or under Section 210 read with Section 223 of „the BNSS‟. It appears that the Petitioner has not availed himself of the said remedies. 3 Dr.YLR,J W.P.No.9760 of 2026 Dated 20.04.2026 6. Considering the facts and circumstances of the case and the submissions of the learned Assistant Government Pleader, the Writ Petition is disposed of, granting liberty to the Petitioner to approach the jurisdictional Magistrate by filing a private complaint under Section 190 read with Section 200 of the Cr.P.C., or under Section 210 read with Section 223 of the BNSS. Upon such filing, the jurisdictional Magistrate shall consider and dispose of the complaint 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: 20.04.2026 KMS 4 Dr.YLR,J W.P.No.9760 of 2026 Dated 20.04.2026 90 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO Writ PETITION No.9760 of 2026 Date: 20.04.2026 KMS 5 Dr.YLR,J W.P.No.9760 of 2026 Dated 20.04.2026