APHC010023582026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] FRIDAY, THE SEVENTEENTH DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO: 1853/2026 Between: 1. KRISHNAPURAM PAVAN, S/O.GOVINDAIAH, AGED ABOUT 41 YEARS, R/O. HARIJANAWADA, THURUPUGOGULAPALLI VILLAGE, ALLURU MANDAL, NELLORE DISTRICT, PIN CODE NO. 524315. 2. . KRISHNAPURAM ASHOK, S/O GOVINDAIAH, AGED ABOUT 35 YEARS, R/O. HARIJANAWADA THURPUGOGULAPALLI VILLAGE, ALLURU MANDAL, NELLORE DISTRICT, PIN CODE NO. 524315. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT,SECRETARIAT BUILDING, VELAGAPUDI,AMARAVATI, GUNTUR DISTRICT. PIN CODE NO. 524315. 2. THE SUPERINTENDENT OF POLICE, S.P.S.NELLORE DISTRICT, NELLORE, PIN CODE NO. 524001. 3. THE STATION HOUSE OFFICER, ALLUR POLICE STATION, ALLUR, S.P.S.NELLORE DISTRICT, PIN CODE NO. 524315. 4. SULA LAKSHMI, D/O GOVINDARAJULU, THURPUGOGULAPALLI VILLAGE, ALLUR, S.P.S.NELLORE DISTRICT, PIN CODE NO. 524315. ...RESPONDENT(S): 2 Dr.YLR,J W.P.No.1853 of 2026 Dated 17.04.2026 Counsel for the Petitioner(S): 1. SEERAM RAGHAVENDRA Counsel for the Respondent(S): 1. GP FOR HOME The Court made the following: ORDER: 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 particularly in the nature of WRIT OF MANDAMUS declaring the inaction of the 3rd Respondent in taking necessary legal action on my complaint dt 03122025 as illegal arbitrary unethical irregular unconstitutional unjust and violative of principles of natural justice and consequently direct the 3rd Respondent to take necessary legal action on my complaint dt 03122025 and pass such order(s).” 2. Heard the learned Counsel for the Petitioners and the learned Assistant Government Pleader for Home. 3. Sri Seeram Raghavendra, learned Counsel for the Petitioners, submits that the Petitioners had submitted a complaint dated 03.12.2025 to Respondent No.3 seeking necessary legal action; however, no action was taken by Respondent No.3 against Respondent No.4. 4. Sri P. Ajay Babu, learned Assistant Government Pleader for Home, on written instructions, submits that Respondent No.4 had submitted a complaint before Respondent No.3 on 30.11.2025. The said complaint was registered as a case in Crime No.93 of 2025 for the alleged offences punishable under Sections 79, 126(2), 115(2) read with 3(5) of the Bharatiya Nyaya Sanhita, 3 Dr.YLR,J W.P.No.1853 of 2026 Dated 17.04.2026 2023 (for brevity, ‘the BNS’) against the Petitioners and five others. Petitioner No.1 was arrayed as Accused No.1 and Petitioner No.2 was arrayed as Accused No.5. The investigation is in progress. In the said case, the Petitioners were also served with notices contemplated under Section 35(3) ‘the BNSS.,’ and a charge sheet has also been filed. 5. It is further submitted that, based on the complaint lodged by the Petitioners, Respondent No.3 conducted a preliminary inquiry under Section 173(3) of ‘the BNSS.,’ and observed that the allegations made therein are false and appear to have been made as a counterblast to the allegations levelled by Respondent No.4 in her complaint. 6. Be that as it may, the Petitioners have 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 Petitioners have not availed themselves of the said remedies. 7. 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 Petitioners 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. 4 Dr.YLR,J W.P.No.1853 of 2026 Dated 17.04.2026 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: 17.04.2026 KMS 5 Dr.YLR,J W.P.No.1853 of 2026 Dated 17.04.2026 155 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO Writ PETITION No.1853 of 2026 Date: 17.04.2026 KMS