APHC010078092026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3521]

(Special Original Jurisdiction)

WEDNESDAY,THE EIGHTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO: 4528/2026 Between:

M AGANTI DHARMARAO, S/O MAGANTI PRASADA RAO, AGED ABOUT 37 YEARS, R/O NEKKALAMPET, PARITALA VILLAGE, KANCHIKACHERLA VILLAGE, KRISHNA DISTRICT. 521180 ...PETITIONER AND

1. T HE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT.522237

2. T HE COMMISSIONER OF POLICE, NTR COMMISSIONERATE, VIJAYAWADA, NTR DISTRICT. 520001

3. T HE STATION HOUSE OFFICER, KANCHIKACHERLA POLICE STATION, KANCHIKACHERLA MANDAL, NTR DISTRICT. 521180

4. T HE REVENUE DIVISIONAL OFFICER, NANDIGAMA DIVISION, NTR DISTRICT. 521185

5. N UNNAVENKATAPRASAD, S/O ATCHAIAH, R/O D.NO 6-105, NEKKALAMPET, PARITALA VILLAGE, KANEHIKACHERLA VILLAGE, KRISHNA DISTRICT. 521180 ...RESPONDENT(S):

Counsel for the Petitioner:

VELADI SAI SRI HARSHA Counsel for the Respondent(S):

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 more particularly one in the nature of writ of Mandamus to declare the action of the Respondent No 3 in not registering the FIR in pursuant to the complaints dated 31012026 and 07022026 25 made by the Petitioner against the Respondent No 5 even in spite of the contents of the complaint clearly disclose the commission of the cognizable offences as arbitrary illegal and contrary to section 173 of BNSS and consequently direct the Respondent No 3 to register the FIR in pursuant to the complaints dated 31012026 and 07022026 made by the Petitioner against the Respondent No 5 forthwith and proceed with the investigation in accordance with law in the interest of justice and pass….”

2. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader.

3. Sri Veladi Sai Sri Harsha, learned counsel for the petitioner, submits that respondent No.3 has not registered an FIR pursuant to the complaints dated 31.01.2026 and 07.02.2026 filed by the petitioner against respondent No.5, despite the contents of the complaints clearly disclosing the commission of cognizable offences.

4. Sri P. Ajay Babu, learned Assistant Government Pleader, on written instructions, submits that the petitioner sent a representation to respondent No.3 on 29.01.2026 through registered post. The petitioner also submitted a representation to the Revenue Divisional Officer, Nandigama, on

31.01.2026, and the same was endorsed to respondent No.3 for enquiry. Based on the contents of the said representations, respondent No.3 conducted an enquiry, during which it was revealed that a civil suit is pending before the learned Junior Civil Judge, Nandigama, in O.S.No.249 of 2024. It is further submitted that as a civil dispute is pending between the petitioner and respondent No.5, hence respondent No.3 has not interfered in the civil issues, unless there is any specific direction from the learned Trial Court.

5. In view of the above, the Writ Petition is disposed of, recording the submissions of the learned Assistant Government Pleader, granting liberty to the petitioner to approach the competent Civil Court for his grievance and the Civil Judge (Junior Division), Nandigama, is directed to bring the Civil Suit in O.S.No.249 of 2024 to its logical conclusion in accordance with law.

6. 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

RSI

THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO: 4528 of 2026

RSI