LAM SAMPATH KUMAR vs THE GOVERNMENT OF ANDHRA PRADESH

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2026 Supreme(Online)(AP) 19384

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3521]
(Special Original Jurisdiction)

2026:APHC:19623
APHC010204512026

WRIT PETITION NO: 12401/2026

Between:
1. L AM SAMPATH KUMAR, S/O. LAM RAJU, HINDU, MADIGA, (CHRISTIAN) AGED ABOUT 34 YEARS, PRIVATE EMPLOYEE, RESIDENT OF 8-29/1-6, TSP STREET, WYNCHIPET,VIJAYAWADA-1
...PETITIONER
AND
1. T HE GOVERNMENT OF ANDHRA PRADESH, HOME DEPARTMENT, REP. BY ITS PRINCIPAL SECRETARY, HIGH COURT OF A.P AT AMARAVATI-522237.
2. T HE COMMISSIONER OF POLICE VIJAYAWADA CITY, VENKATESWARA RAO STREET, GOVERNORPET, VIJAYAWADA, ANDHRA PRADESH, 520002
3. T HE STATION HOUSE OFFICER TWO TOWN POLICE STATION, VIJAYAWADA CITY, NTR DISTRICT-52001
...RESPONDENT(S):

Counsel for the Petitioner:
1. J SIVA SANKARA RAO
Counsel for the Respondent(S):
1. GP FOR HOME

THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO

MONDAY, THE FOURTH DAY OF MAY TWO THOUSAND AND TWENTY SIX

The Court made the following:

ORDER:

The Writ Petition has been filed for the following relief:

“…to issue an appropriate writ, order or direction, more particularly one in the nature of a Writ of Mandamus, declaring the inaction of respondent Nos.2 and 3 in not registering an. FIR on the complaint dated 17.03.2026 submitted by the petitioner, despite disclosure of cognizable offences, as illegal, arbitrary and violative of Articles 14 and 21 of the Constitution of India, and consequently direct the respondent Nos.2 and 3 to forthwith register an FIR on the said complaint and conduct a fair, impartial and expeditious investigation in accordance with law, and further direct the respondents to take necessary steps to ensure protection of the petitioner's life and personal liberty in view of the threat perception disclosed…”

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

3. Mr. J. Siva Sankara Rao, learned counsel for the Petitioner, submits that though the petitioner submitted a complaint dated 17.03.2026, which was registered as a case in FIR, no investigation was conducted thereafter.

4. Sri P. Ajay Babu, learned Assistant Government Pleader, on written instructions, submits that the complaint was considered by Respondent No.3 and it was noticed that the averments in the complaint disclose only non-cognizable offences.

5. Be that as it may, if a complaint reveals a non-cognizable offence, the Investigating Officer/Station House Officer is required to submit a requisition to the learned Jurisdictional Magistrate concerned for appropriate orders. Upon obtaining permission from the learned Jurisdictional Magistrate, the Station House Officer ought to have proceeded further in accordance with law.

6. Having regard to the facts and circumstances of the case, the Writ Petition is disposed of directing the Respondent No.3 to place the complaint, which discloses non-cognizable offences, before the learned Jurisdictional Magistrate and to proceed further in accordance with law pursuant to the directions of the learned Jurisdictional Magistrate. The learned Jurisdictional Magistrate shall pass appropriate orders in accordance with law upon such submission by Respondent No.3.

7. Accordingly, 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.

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