APHC010043262026 IN THE HIGH COURT OF ANDHRA PRADESH ATAMARAVATI [3521]

(Special Original Jurisdiction)

TUESDAY,THE SEVENTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO: 2633/2026 Between:

1.LANKAPALLI RAJESH, S/O KASULU, AGE. 33 YEARS, R/O D.NO. 6-

11-1, EDARA VILLAGE, AGIRIPALLI MANDAL, ELURU DISTRICT, ANDHRA PRADESH - 521211.

2.LANKAPALLI JAMALAMMA @ MARIYAMMA,, W/O KASULU AGE. 60 YEARS, R/O D.NO. 6-11-1, EDARA VILLAGE, AGIRIPALLI MANDAL, ELURU DISTRICT,ANDHRA PRADESH - 521211.

3.LANKAPALLI KASULU,, S/O CHINNA KOTAIAH, AGE. 75 YEARS, R/O D.NO. 6-11-1, EDARA VILLAGE, AGIRIPALLI MANDAL, ELURU DISTRICT,ANDHRA PRADESH - 521211.

4.BONTHU ARUNA,, W/OANAND BABU, AGE. 36 YEARS, R/O D.NO. 3-

107/B2, MAIN ROAD, CHEEMALAPADU VILLAGE, KRISHNA DISTRICT,ANDHRA PRADESH - 521227.

...PETITIONER(S)

AND

1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI.

AMARAVATHI, GUNTUR DISTRICT.

2.THE DIRECTOR GENERAL OF POLICE, ANDHRA PRADESH, MANGALAGIRI.

3.THE COMMISSIONER OF POLICE, VIJAYAWADA CITY, NTR DISTRICT,ANDHRA PRADESH.

4.THE STATION HOUSE OFFICER, IBRAHIMPATNAM POLICE STATION, VIJAYAWADACITY, NTR DISTRICT.

5.THE STATION HOUSE OFFICER, AGIRIPALLI POLICE STATION, ELURU DISTRICT,ANDHRA PRADESH.

6.BODA SUSANNA WESLEY, W/O LANKAPALLI RAJESH, R/O DOOR NO.8/421, EELAPROLU (KOTTURU), INDIRA GANDHI STREET, IBRAHIMPATNAM, NTR DISTRICT. R6 IS IMPLEADED AS PER THE COURT'S ORDER DT.04.02.2026 IN I.A.NO.02 OF 2026.

...RESPONDENT(S):

Counsel for the Petitioner(S):

1.V R MAHESWARA RAO PALETI 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 an appropriate Writ Order or Direction more particularly one in the nature of Writ of Mandamus declaring the registration and investigation of FIR No 41 of2026 dated 1901 2026by the Ibrahimpatnam Police Station Vijayawada City NTR District as illegal arbitrary and without jurisdiction and consequently direct transfer of the said FIR to the Agiripalli Police Station Eluru District which alone has territorial jurisdiction to investigate the alleged incident consequently direct the Respondents not to take any coercive steps includingarrestagainstthePetitionersandpass…”

2. Heard the learned Counsel for the Petitioners and the learned Assistant Public Prosecutor.

3. Sri V.R.Maheswara Rao Paleti, learned Counsel for the Petitioners submits that the Petitioners filed the present Writ Petition seeking a direction to declare the registration and investigation of FIR No.41 of 2026 dated 19.01.2026 by Ibrahimpatnam Police Station, Vijayawada City, NTR District, as illegal, arbitrary, and without jurisdiction, and consequently to direct transfer of the said FIR to Agiripalli Police Station, Eluru District, which alone has the territorial jurisdiction to investigate the alleged incident, and further to direct the Respondents not to take any coercive steps, including arrest, against the Petitioners.

4. Sri P.Ajay Babu, learned Assistant Government Pleader, on written instructions, submits that the de-facto complainant is the legally wedded spouse of Petitioner No.1, whose complaint dated 29.12.2025 was lodged before the Station House Officer, Ibrahimpatnam Police Station, consequent upon matrimonial discord. It is submitted that after preliminary enquiry and family counselling, the allegations disclosed cognizable offences, thereby warranting registration of Crime No. 41 of 2026 on 19.01.2026 under Sections 109(1), 85, 79, 351(2), 118(1) read with Section 3(5) of ‘the BNS’, together with Sections 3 and 4 of ‘the D.P. Act’, arraying the Petitioners and nine others as accused. The investigation, having already progressed with examination of witnesses and recording of statements under Section 180(3) of ‘the BNSS’, is at a nascent fact-finding stage.

5. It is further submitted that the gravam