N Vijaya Vs the State of Ap — Writ and Judicial Review | Andhra Pradesh HC (2026)

N Vijaya Vs the State of Ap — Writ and Judicial Review | Andhra Pradesh HC (2026)

What the court decided

AI extract

Outcome

Liberty granted to the petitioner to approach the learned jurisdictional Magistrate by filing a complaint under Section 190 read with Section 200 of the Cr.P.C. or under Section 210 read with Section 223 of the BNSS; on such filing, the Magistrate shall address the petitioner's grievance in accordance with law. No order as to costs; pending miscellaneous petitions, if any, stand closed.

Issue for consideration

Whether the respondents' inaction in not registering any crime/FIR pursuant to the petitioner's complaint dated 13-11-2025 is arbitrary, illegal and violative of Article 21 of the Constitution, warranting a writ of mandamus directing registration of the crime, investigation, laying of the charge sheet and prosecution of the culprits. +1 more

Ratio / Principle

Considering the entire facts and circumstances of the case and recording the submissions of the learned Assistant Government Pleader, the Court disposed of the writ petition, granting liberty to the petitioner to approach the learned jurisdictional Magistrate by filing a complaint under Section 190 read with Section 200 of the Cr.P.C. or under Section 210 read with Section 223 of the BNSS, i.e., the alternative efficacious remedy, rather than issuing the mandamus sought.

Key takeaways

On filing of such a complaint, the learned Jurisdictional Magistrate shall address the grievance of the petitioner in accordance with law.ratio¶33

Detailed headnote1 paragraphs

Writ Petition under Article 226 (W.P. No. 3662 of 2026, Dr. Y. Lakshmana Rao, J., High Court of Andhra Pradesh at Amaravati, decided 20.02.2026) filed by N. Vijaya seeking a writ of mandamus declaring arbitrary and illegal the respondents' inaction in not registering any crime/FIR pursuant to her complaint dated 13-11-2025, and directing registration, investigation, laying of the charge sheet and prosecution. The learned Assistant Government Pleader (Sri P. Ajay Babu), on written instructions, stated that a preliminary enquiry was conducted and pending disputes between the petitioner and a third party regarding custody and visitation rights were noticed, and that several cases including a habeas corpus petition and a custody petition had been filed between them; hence no action was taken on the complaint. Held: the petitioner has an alternative efficacious remedy to approach the learned jurisdictional Court/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. The writ petition was disposed of granting liberty to file such a complaint, with a direction that on such filing the learned Jurisdictional Magistrate shall address the petitioner's grievance in accordance with law. No order as to costs; pending miscellaneous petitions, if any, stand closed.

[3521]

APHC010063542026

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

(Special Original Jurisdiction)

FRIDAY,THE TWENTIETH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX

PRESENT

THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO

WRIT PETITION NO: 3662/2026

Between:

N VIJAYA, W/O. LATE N. MUNI KRISHNAIAH, AGED ABOUT 65 YEARS, R/O.D.NO. 18-2-292, AKKARAMPALLI ROAD, LEELA MAHAL CIRCLE, TIRUPATI CITY AND DISTRICT

...PETITIONER

AND

THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY HOME DEPARTMENT, A.P. SECRETARIAT AT VELAGAPUDI AMARAVATI, GUNTUR DISTRICT

THE SUPERINTENDENT OF POLICE, TIRUPATI DISTRICT AT TIRUPATI

...RESPONDENT(S):

Counsel for the Petitioner:

SODUM ANVESHA

Counsel for the Respondent(S):

GP FOR HOME

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Dr. YLR, J W.P.No.3662 of 2026 Dated 20.02.2026

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 mostly one which is in the nature of a Writ of Mandamus declaring the inaction of Respondents in not registering any crime/FIR pursuant to the complaint of the Petitioner dated 13-11-2025 as arbitrary illegal irregular violative of Articles 21 of Indian Constitution unjustified and unsustainable and consequently direct the Respondents to take up the case of the Petitioner pursuant to the said complaint by duly registering the crime and by duly investigating and by duly laying the charge sheet and effectively prosecuting the culprits involving in the case and pass….”

Heard the learned counsel for the petitioner and the learned

Assistant Government Pleader.

Mr. Sodum Anvesha, learned counsel for the petitioner, submits that the petitioner submitted a complaint dated 13.11.2025 to respondent Nos.2 and 3, but the same was not registered.

Sri P. Ajay Babu, learned Assistant Government Pleader, on written instructions, submits that a preliminary enquiry was conducted and it was noticed that certain disputes are pending between the petitioner and a third party regarding custody and visitation rights. Therefore, no action was taken. It appears that several cases have been filed either by the petitioner or by the third party, including a habeas corpus petition, a custody petition, and other connected cases. If the complaint of the petitioner was not registered by respondent Nos.2 and 3 as per the provisions of ‘the BNSS’,

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Dr. YLR, J W.P.No.3662 of 2026 Dated 20.02.2026

the petitioner has an alternative efficacious remedy to approach the learned jurisdictional Court by filing a private complaint under Section 190 read with Section 200 of ‘the Cr.P.C.,’/Section 210 read with Section 223 of ‘the BNSS’.

Considering the entire 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 filing a complaint under Section 190 read with Section 200 of ‘the Cr.P.C.,’ or under Section 210 read with Section 223 of ‘the BNSS’. On filing of such complaint, the learned Jurisdictional Magistrate shall address the grievance of the petitioner in accordance with law.

With the above observations and directions, 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: 20.02.2026 RSI

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Dr. YLR, J W.P.No.3662 of 2026 Dated 20.02.2026

118

THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO

WRIT PETITION NO: 3662 of 2026

Date: 20.02.2026 RSI