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2026 DAILYLAW 917 (AP)

POOLA NAGESWARI v. THE STATE OF ANDHRA PRADESH

WP/10106/2026 · 2026-04-19

Y Lakshmana Rao

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010175142026 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: 10106/2026 Between: 1. POOLA NAGESWARI, W/O SRINIVASULU, AGED ABOUT 40 YEARS, RESIDENT OF GAJUGUNTAPALLI VILLAGE, O.D CHERUVU MANDAL, ANANTHAPUR DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SEORETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT-522237. 2. THE SUPERINTENDENT OF POLICE, PUTTAPARTHI, ANANTHAPURAM DISTRICT-515134. 3. THE DEPUTY SUPERINTENDENT OF POLICE, KADIRI SUB- DIVISION, ANANTHAPURAM DISTRICT-515591. 4. THE STATION HOUSE OFFICER, O.D CHERUVU POLICE STATION, ANATHAPURAM DISTRICT-515561. 5. EDDE VASUREDDY, S/O SUBBAREDDY, AGED ABOUT 37 YEARS. RESIDENT OF INGALURU VILLAGE, O.D. CHERUVU MANDAL, ANANTHAPURAM DISTRICT-515561. 2 6. EDDE BHASKAR REDDY, S/O LATE CHINNAPAREDDY, AGED ABOUT 51 YEARS. RESIDENT OF INGALURU VILLAGE, O.D. CHERUVU MANDAL, ANANTHAPURAM DISTRICT-515561. 7. EDDE PRATHAP REDDY, S/O LATE VENKATAREDDY, AGED ABOUT 46 YEARS. RESIDENT OF INGALURU VILLAGE, D.QHERUVU MANDAL, ANANTHAPURAM DISTRICT-515561. 8. EDDEY ANAND REDDY, S/O ESWAR REDDY, AGED ABOUT 55 YEARS, RESIDENT OF INGALURU VILLAGE, O.D. CHERUVU MANDAL, ANANTHAPURAM DISTRICT-515561. ...RESPONDENT(S): Counsel for the Petitioner: 1. YARRAMSETTY VENKATESH Counsel for the Respondent(S): 1. GP FOR HOME The Court made the following: ORDER: The Writ Petition has been filed for the following relief: “…to issue a Writ of Mandamus or any other appropriate writ, order or direction declaring the inaction of the 4th respondent in not registering the report dated 12-02-2026 given by the petitioner is arbitrary, illegal and unconstitutional and against the provisions of the BNSS and consequently direct the 4th respondent herein to register the report given by the petitioner dated 12/02/2026 and investigate into the matter …” 2. Heard the learned counsel for Petitioner and learned Assistant Government Pleader. 3. Mr. Yarramsetty Venkatesh, learned counsel for the Petitioner, submits that the Petitioner had lodged a complaint dated 12.02.2026 before 3 Respondent No.4, however, the said complaint was not registered as an FIR and any investigation was conducted. 4. Sri P. Ajay Babu, learned Assistant Government Pleader, on written instructions, submits that Respondent No.4 conducted a preliminary enquiry as contemplated under Section 173(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity, ‘the BNSS’) on the complaint lodged by the Petitioner dated 12.02.2026. Upon such enquiry, Respondent No.4 found that the complaint was civil in nature. Therefore, Respondent No.4 did not proceed with the registration of any FIR. 5. Be that as it may, the Petitioner has got alternative efficacious remedy under Section 200 of ‘the Cr.P.C.,’ / Section 210 read with 223 of ‘the BNSS’ when the complaint is not considered by the Respondent Police. 6. Considering the facts and circumstances of the case, and recording the submissions of the learned Assistant Government Pleader, the Writ Petition is disposed of granting liberty to the Petitioner to approach the learned Jurisdictional Magistrate by way of filing a private complaint under Section 190 read with Section 200 of ‘the Cr.P.C.,’ / Section 210 read with 223 of ‘the BNSS’. 7. On filing of such private complaint by the Petitioner before the learned Jurisdictional Magistrate, the learned Jurisdictional Magistrate is directed to 4 bestow his attention to the same and deal with the complaint in accordance with law. 8. In the result, the Writ Petition is disposed of. 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 PRA 5 33 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO: 10106 of 2026 Date: 20.04.2026 PRA