APHC010363742026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE 5th DAY OF AUGUST 2026 PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 19531 OF 2026 Between: 1. Thambabathula Manoj Kumar, S/o. Janaki Ramanamaneyulu, Aged 34 years, R/o. H.No. 48-11/2-5C, 4th Road, Near Mahita Public School, Currency Nagar, Ramavarappadu, Vijayawada (Urban), N.T.R. District ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Home Department, Secretariat Buildings at Velagapudi, Amaravati, Guntur District. 2. The Director General of Police, State of Andhra Pradesh, A.P. Police Headquarters at Mangalagiri, Guntur District. 3. The Commissioner of Police, N.T.R District Commissionerate, Vijayawada, N.T.R. District, A.P. 2 4. The Addl Deputy Commissioner Of Police, L and O, Central Zone, N.T.R Commissionerate, Vijayawada, N.T.R. District, A.P. 5. The Asst Commissioner Of Police, Vijayawada Central, N.T.R Commissionerate, Vijayawada, N.T.R. District, A.P. 6. The Station House Officer, Patamata Police Station, Patamata, Vijayawada. 7. Nimmagadda Lalitha Prasad, W/o.late. Nimmagadda V.S.S.V. Prasad, Aged about 55 years, R/o.Plot No. 101, Vidyanagar, 1st line, Chandramoulinagar, Vigneswara Estate Guntur, Guntur Dist- 522007. 8. Nimmagadda Srivalli Teja, D/o.late. Nimmagadda V.S.S.V. Prasad, Aged about 38 years, R/o.Plot No. 101, Vidyanagar, 1st line, Chandramoulinagar, Vigneswara Estate Guntur, Guntur Dist- 522007. 9. Panthala Jagan Mohan Rao, S/o.late. P. Sriramulu, Aged about 50 years, R/o.D.No.3b-20-27, PadamaraVeedhi, Kandhakam, Eluru, West Godavari Dist-534001. 10. Deepak, S/o. Not known, aged 42 years, R/o.Bheemavaram, C/o. D.No.3b-20-27, PadamaraVeedhi, Kandhakam, Eluru, West Godavari Dist-534001. ...Respondents 3 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 to issue a writ or order or direction more particularly one in the nature of writ mandamus declaring the high handed action of the Respondent No.6 in not registering the FIR on petitioner's complaint Dt.23-06-2026 pursuant to the Injunction order granted in I.A.No.403/2025 in O.S.No.934/2025 pending before the Hon'ble II Addl. Civil Judge (Junior Division) Court, Vijayawada and interfering the peaceful possession and its premises of the petitioners over the property situated at Door No. 48-11/2-5C, near Mahita Public School Currency Nagar, Ramavarappadu, Vijayawada city as highly illegal, arbitrary, unconstitutional, unjust and violative of Principles of Natural Justice and violative of Article 14, 21 and 300-A of the Constitution of India consequentially direct the Respondent No.3 to 5 to direct Respondent No.6 herein to Register FIR in pursuant to the petitioners Complaint Dt.23-06- 2026 against the Respondent No.7 to 10 and to 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 4 petition, the High Court may be pleased to direct the Respondent Nos.3 to 5 herein direct the respondent No.6 to Register FIR in pursuant to the petitioner Complaint Dt.23-06-2026 against the Respondent No.7 to 10 and restraining the respondent No.7 to 10 and their men interfering peaceful possession of the petitioner and its premises pending the suit O.S.No.934/2025 before the Hon'ble II Addl. Civil Judge (Junior Division) Court, Vijayawada pending disposal of the above writ petition and to pass Counsel for the Petitioner: SK MEHABOOB NADEEM FAYAZ Counsel for the Respondents: GP FOR HOME 5 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 19531 of 2026 The Court made the following Order: Instant Writ Petition has been filed under Article 226 of the Constitution of India seeking the following relief: “to issue a Writ of Mandamus or any other appropriate writ, order or direction, more particularly one in the nature of Mandamus declaring the high handed action of the Respondent No.6 in not registering the FIR on petitioner's complaint Dt.23-06-2026 pursuant to the Injunction order granted in I.A.No.403/2025 in O.S.No.934/2025 pending before the Hon'ble II Addl. Civil Judge (Junior Division) Court, Vijayawada and interfering the peaceful possession and its premises of the petitioners over the property situated at Door No. 48-11/2-5C, near Mahita Public School Currency Nagar, Ramavarappadu, Vijayawada city as highly illegal, arbitrary, unconstitutional, unjust and violative of Principles of Natural Justice and violative of Article 14, 21 and 300-A of the Constitution of India consequentially direct the Respondent No.3 to 5 to direct Respondent No.6 herein to Register FIR in pursuant to the petitioners Complaint Dt.23-06- 2026 against the Respondent No.7 to 10 and to pass”. 2. Heard learned counsel for the petitioner and learned Assistant Government Pleader for Home appearing on behalf of 6 Respondent/State and perused the material placed available on record. 3. Conspectus of facts in the present Writ Petition is that, despite the petitioner’s complaint to the police personnel, the respondent police are not acting upon the same by registering an FIR, thereby lodging criminal proceedings. 4. Learned Assistant Government Pleader for Home, basing on the written instructions of the Respondent/Police, submits that preliminary enquiry of the police reveals that the petitioner’s complaint does not disclose commission of any cognizable offence. As such, Writ Petition itself is not maintainable. 5. Now, coming to the central issue in the lis, despite the petitioner’s complaint, the police are not registering an FIR; the aggrieved party directly initiating proceedings before the Hon’ble High Court under Article 226 of the Constitution of India or Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 corresponding to Section 482 of the Code of Criminal Procedure, 1973. 6. In this juncture, it is appropriate to note that the issue involved in the present lis, is squarely covered by the Order of 7 this Court dated 23.07.2026 in WP No.18425 of 2026, wherein this Court appreciated the facts and law by taking into consideration of the dictums laid down by the Apex Court including latest expression held in Sujal Vishwas Attavar and another vs. State of Maharashtra and others1, wherein it was held as under: “7. Keeping in view the above exposition of law, we find that the extraordinary jurisdiction under Article 226 of the Constitution of India ought not to have been invoked when alternative equally efficacious statutory remedies were available. If a person has a grievance that his FIR has not been registered by the police, or having been registered, proper investigation is not being conducted, then the remedy does not ordinarily lie in invoking the writ jurisdiction in the first instance, but in seeking recourse to the statutory framework, unless of course the urgency of the circumstances warrant otherwise. 8. The Bharatiya Nagarik Suraksha Sanhita 2023 (erstwhile Code of Criminal Procedure, 1973) provides a structured sequential mechanism for initiating criminal prosecution. The statutory framework contemplates that information relating to the commission of a cognizable offence is first placed before the officer-in-charge of the police station and an FIR is registered under Section 173(1) BNSS. In the event of refusal to register the FIR, 1 2026 SCC OnLine SC 798 8 recourse lies before the jurisdictional Superintendent of Police under Section 173(4) BNSS and, thereafter, before the Magistrate, under Section 175(3) BNSS. 9. xxxx. 10. xxxx. 11. The High Court is not bound to entertain a writ petition merely because a case of alleged inaction or negligence is made out against a statutory authority. Ordinarily, where a statute provides a complete and efficacious remedy, the same must be exhausted before invoking constitutional jurisdiction [See: Sakiri Vasu (supra) and Sudhir Bhaskarrao Tambe (supra)]. In the present facts, the complainant Company has not exhausted the sequential statutory remedies available under BNSS. There is, therefore, no foundation to invoke the extraordinary jurisdiction of the High Court for the reason that efficacious and efficient alternative remedies exists. Hence, at this stage, we find the instant writ petition to be premature, and, therefore, not fit to be entertained.” 7. Accordingly, by applying the above ratio to the present case too, this Writ Petition is disposed of as under: i) Liberty is granted to the petitioner to approach the learned jurisdictional Magistrate by filing appropriate complaint under Section 175(3) and 210 read with 223 of BNSS, 2023. 9 ii) This Court has not expressed any opinion on merits and whether or not the complaint discloses criminal offences. iii) Equally, it will be open to all the stakeholders to avail remedies in terms of the statutory realm.” There shall be no order as to costs. 8. Registry is directed to append a copy of the Order of this Court dated 23.07.2026 in WP No.18425 of 2026 along with the instant order. Interlocutory applications, if any, pending shall stand closed. ____________________________________ JUSTICE MAHESWARA RAO KUNCHEAM Date: 05.08.2026 PSA 10 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 19531 of 2026 Date: 05.08.2026 PSA