APHC010338992026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE 11th DAY OF AUGUST 2026 PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 18238 OF 2026 Between: 1. KUCHARLAPATI SASANKA VARMA, S/o. Satyanarayana Raju, aged 26 years, Occ Private Employee, R/o. H.No. 11/249-1, Ganga Mahal Back Road, Ward No.11, Eluru Road, Bommuluru, Gudivada, Krishna District. At Present USA, Represented by his GPA Holder, Kucharlapati Vijaya Lakshmi, W/o. Satyanarayana Raju, aged 63 years, Occ Housewife, R/o. H.No. 11/249-1, Ganga Mahal Back Road, Ward No.11, Eluru Road, Bommuluru, Gudivada, Krishna District. ...Petitioner AND 1. THE STATE OF ANDHRA PRADESH, Rep. by its Principal Secretary, Home Department, Secretariat, Velagapudi, Amaravati, Thullur Mandal, Guntur District. - 522237 2. The Superintendent of Police, Krishna District, Machiliptanam. - 521001 3. The Deputy Superintendent of Police, Gudivada, Krishna District. - 521301 4. The Circle Inspector of Police, Gudivada I Town Circle, Gudivada, Krishna District. - 521301 5. The SubInspector of Police, Gudivada I Town Police Station, Gudivada, Krishna District. - 521301 2 6. Kilari Murali Mohan, S/o. K. Nagaraju, aged 42 years, R/o. D.No. 3-64, Aditya Nagar, 1st Lane, Opp Sai Baba Temple, Siva Reddy Palem Road, Guntur, Guntur District. - 522002 ...Respondents 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 an appropriate writ, order or direction, more particularly, one in the nature of Writ of MANDAMUS (1)Declaring the inaction of the Respondent Police in preventing the mobs, who are harassing and threatening the Petitioner's family members and these anti-social elements are abusing and manhandling the Petitioner's family members and creating nuisance and terror in the said house with a view to vacate their residential house bearing D.No. 11-249-1 to an extent of 329 square yards in R.S.No.250/1 A, Municipal Revenue Ward No. 11, Ganga Mahal Back Road, Ward No.11, Eluru Road, Bommuluru, Valivarthipadu, Ambedkar Nagar, Gudivada, Krishna District (2)Declaring the action of the Respondent Police in not registering the Complaint dated 15/06/2026 lodged by the Petitioner for the offences committed by the mob with the active instigation of the Respondent No.6 and in not conducting the investigation as per the procedure contemplated under the Bharatiya Nagarik Suraksha Sanhita, 2023 as illegal, arbitrary, violative of Articles 14, 19 and 21 of the Constitution of India (3) Directing the Third Respondent to initiate disciplinary action under the relevant service law against the Respondent Nos.6 and 7 for delinquent of duties and consequently direct the Respondent District Police Officer to forthwith register the FIR (Crime) and conduct investigation and 3 file final report under the provisions of the Bharatiya Nagarik Suraksha Sanhita, 2023 and to prevent the anti-social elements in to the Petitioner's residential house bearing D.No. 11-249-1 to an extent of 329 square yards in R.S.No.250/1 A, Municipal Revenue Ward No. 11, Ganga Mahal Back Road, Ward No.11, Eluru Road, Bommuluru, Valivarthipadu, Ambedkar Nagar, Gudivada, Krishna District 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 Third Respondent to forthwith register the FIR (Crime) on the Petitioner’s Complaint dated 15/06/2026 and conduct investigation and file final report as contemplated under the Bharatiya Nagarik Suraksha Sanhita, 2023 by identifying the mob/anti-social elements and to prevent their illegal activities including entering into the Petitioner’s residential house bearing D.No. 11-249-1 to an extent of 329 square yards in R.S.No.250/1 A, Municipal Revenue Ward No. 11, Ganga Mahal Back Road, Ward No.11, Eluru Road, Bommuluru, Valivarthipadu, Ambedkar Nagar, Gudivada, Krishna District and pass Counsel for the Petitioner: RAMBABU KOPPINEEDI Counsel for the Respondents: GP FOR HOME 4 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 18238 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 an appropriate writ, order or direction, more particularly, one in the nature of Writ of MANDAMUS (1)Declaring the inaction of the Respondent Police in preventing the mobs, who are harassing and threatening the Petitioner's family members and these anti-social elements are abusing and manhandling the Petitioner's family members and creating nuisance and terror in the said house with a view to vacate their residential house bearing D.No. 11-249-1 to an extent of 329 square yards in R.S.No.250/1 A, Municipal Revenue Ward No. 11, Ganga Mahal Back Road, Ward No.11, Eluru Road, Bommuluru, Valivarthipadu, Ambedkar Nagar, Gudivada, Krishna District (2)Declaring the action of the Respondent Police in not registering the Complaint dated 15/06/2026 lodged by the Petitioner for the offences committed by the mob with the active instigation of the Respondent No.6 and in not conducting the investigation as per the procedure contemplated under the Bharatiya Nagarik Suraksha Sanhita, 2023 as illegal, arbitrary, violative of Articles 14, 19 and 21 of the Constitution of India (3) Directing the Third Respondent to initiate disciplinary action under the relevant service law against the Respondent Nos.6 and 7 for delinquent of duties and consequently direct the Respondent District Police Officer to forthwith register the FIR (Crime) and conduct investigation and file final report under the provisions of the Bharatiya Nagarik Suraksha Sanhita, 2023 and to prevent the anti-social elements in to the Petitioner's residential house bearing D.No. 11-249-1 to an extent of 329 square yards in R.S.No.250/1 A, Municipal Revenue Ward No. 11, Ganga Mahal Back Road, Ward No.11, Eluru Road, Bommuluru, 5 Valivarthipadu, Ambedkar Nagar, Gudivada, Krishna District and pass”. 2. Heard learned counsel for the petitioner and learned Assistant Government Pleader for Home appearing on behalf of 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 is under progress and further states that, basing on the preliminary enquiry into the matter, further course of action will be taken and the result of the enquiry will also be intimated to the petitioner herein. 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 6 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 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 1 2026 SCC OnLine SC 798 7 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, 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: 8 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. 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: 11.08.2026 krk 9 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM 83 WRIT PETITION NO:18238 of 2026 Date: 11.08.2026 krk