APHC010564542024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE 25th DAY OF AUGUST 2026 PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 29554 OF 2024 Between: 1. Sri. Gannamani Venkata Subba Rao,, S/o. late. Satyanarayana, Male, 54 years, Cultivation, Residents of Pothavaram, Nallajerla Mandal, East Godavari District. 2. Smt. Gannamani Subba Lakshmi,, W/o. Venkata Subba Rao, Female, 50 years. Cultivation, Residents of Pothavaram, Nallajerla Mandal, East Godavari District. ...Petitioners AND 1. The State of Andhra Pradesh, Rep. by its Spl Chief Secretary of Home Department, Velgapudi, Amaravathi, 2. The superintendent of police, Rajamahendravaram, East Godavari District 3. The Deputy Superintendent of police, Kovvur, Kovvur Mandal East Godavari District 2 4. The Station House Officer, Nallajerla, Nallajerla Mandal East Godavari District. 5. Sri Gadde Parthasaradi, S/o. Late. Chitti Babu Near Bala Vinayaka Temple Main Road, Pothavaram Nallajerla Mandal, E.G.Dist. 6. Sri Gadde Krishna Chaitanya, S/o. Late. Chitti Babu Near Bala Vinayaka Temple, Main Road, Pothavaram Nallajerla Mandal, E.G.Dist 7. Sri Gadde Lima Mahesh, S/o. Late. Chitti Babu Near Bala Vinayaka Temple, Main Road, Pothavaram. ...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 tomay be pleased to issue a an appropriate writ or order or direction more particularly in the nature of Writ of Mandamus declaring the action of respondents, more particularly the 4th respondent in not registering FIR on my reports dated 26-11-2024 and 28-11-2024 against the respondents 5 to 7 throwing the Tobacco seedlings into the Well on 26-11-2024 and also cutting the wires and HDPE pipes of the submergible motor and throwing stones into the hole of the bore to destroy the bore and motor and also causing theft of the fuses 3 of starter and also breaking the Edge fuses at transformer on 28- 11-2024 in the agricultural land in the possession of myself and the 2nd petitioner i.e an extent of Acs.3.00 cents in R.S.NO. 154/1 of Pothavaram village, Nallajerla mandal, E.G District,witch is illegal arbitrary ,vilotave of article 14,21 and 300-A of the constitution of india,and also violative of principals of natural justice consequently.Direct the 4th respondent to register FIR against the respondents 5 to 7 on my reports dated 26-11-2024 and 28-11-2024 by throwing the Tobacco seedlings into the Well on 26-11-2024 and also cutting the wires and HDPE pipes of the submergible motor and throwing stones into the hole of the bore to destroy the bore and motor and also causing theft of the fuses of starter and also breaking the Edge fuses at transformer on 28- 11-2024 in the lands in the possession of myself and the 2nd petitioner i.e an extent of Acs.3.00 cents in R.S.NO. 154/1 of Pothavaram village, Nallajerla mandal, E.G District and also with further direction to prevent the respondents from doing any further criminal offences in the above land in the possession of myself and the 2nd petitioner in accordance with law and pass such 4 IA NO: 1 OF 2024 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 may be pleased to direct the 4th respondent to conduct enquiry and register FIR against the respondents 5 to 7 on my reports dated 26-11-2024 and 28- 11-2024, pending disposal of the main writ petition and pan such other order or orders on this Hon’ble court deem fit and proper in the circumstances of the case. Counsel for the Petitioners: J VENKATA RAMANA Counsel for the Respondents: GP FOR HOME 5 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 29554 of 2024 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 action of respondents, more particularly the 4th respondent in not registering FIR on my reports dated 26-11-2024 and 28-11-2024 against the respondents 5 to 7 throwing the Tobacco seedlings into the Well on 26-11-2024 and also cutting the wires and HDPE pipes of the submergible motor and throwing stones into the hole of the bore to destroy the bore and motor and also causing theft of the fuses of starter and also breaking the Edge fuses at transformer on 28-11-2024 in the agricultural land in the possession of myself and the 2nd petitioner i.e an extent of Acs.3.00 cents in R.S.NO. 154/1 of Pothavaram village, Nallajerla mandal, E.G District,witch is illegal arbitrary ,vilotave of article 14,21 and 300-A of the constitution of india,and also violative of principals of natural justice consequently.Direct the 4th respondent to 6 register FIR against the respondents 5 to 7 on my reports dated 26-11-2024 and 28-11-2024 by throwing the Tobacco seedlings into the Well on 26-11-2024 and also cutting the wires and HDPE pipes of the submergible motor and throwing stones into the hole of the bore to destroy the bore and motor and also causing theft of the fuses of starter and also breaking the Edge fuses at transformer on 28-11-2024 in the lands in the possession of myself and the 2nd petitioner i.e an extent of Acs.3.00 cents in R.S.NO. 154/1 of Pothavaram village, Nallajerla mandal, E.G District and also with further direction to prevent the respondents from doing any further criminal offences in the above land in the possession of myself and the 2nd petitioner in accordance with law and to pass”. 2. Heard learned counsel for the petitioners 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 petitioners’ complaint to the police personnel, the 7 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 petitioners’ 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 petitioners’ 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 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 8 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, 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. 1 2026 SCC OnLine SC 798 9 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 petitioners 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. 10 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: 25.08.2026 PSA 11 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 29554 of 2024 Date: 25.08.2026 PSA