Sri Kollu Venkata Narayana Vs the State of Andhra Pradesh

SRI KOLLU VENKATA NARAYANA, S/O. VEERAIAH, AGED ABOUT 42 YEARS, OCC AGRICULTURAL COOLIE, R/O. BLOCK NO. 12, SHIVALAYAM VEEDHI, CHANDRASEKHARAPURAM, C.S.PURAM, PRAKASAM DISTRICT, ANDHRA PRADESH-523112

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...PETITIONER

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AND

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THE STATE OF ANDHRA PRADESH, REP. BY PRINCIPAL SECRETARY (HOME DEPARTMENT), SECRETARIAT BUILDING, VELGAPUDI, GUNTUR DISTRICT.-522238

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THE SUPERINTENDENT OF POLICE, MARKAPURAM DISTRICT, MARKAPURAM-523316

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THE STATION HOUSE OFFICER, PAMURU POLICE STATION, PRAKASAM DISTRICT.-523108

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THE SUBINSPECTOR OF POLICE, PAMUR POLICE STATION, PRAKASAM DISTRICT.-523108

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...RESPONDENT(S):

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Counsel for the Petitioner:

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1.K PALLAVI

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2

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Counsel for the Respondent(S):

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1.GP FOR HOME

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The Court made the following: ORDER:

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The Writ Petition has been filed for the following relief:

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“…to issue an appropriate writ more particularly one in the nature of writ of mandamus declaring the action of the respondents herein in not registering FIR upon a complaint made by the petitioner herein inspite of the representations made by this petitioner on 06-01-2026 and 02-022026 regarding the incident which took place on 02-01-2026 and 04-012026, further inspite of the instructions given by the 2nd respondent to the 3rd respondent dated 02-02-2026 as illegal, arbitrary, opposed to the established principles of law and in violation of Right to Life and Personal Liberty as Guaranteed under Article 21 of the Constitution of India and consequently direct the 2nd respondent herein to investigatethe case of this petitioner by invoking powers U/S 173(4) of BNSS…”

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

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Ms.K.Pallavi, learned counsel for the Petitioner, submits that the Respondent Police have failed to register an FIR upon the complaint made by the Petitioner, despite repeated representations dated 06.01.2026 and 02.02.2026.

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Sri P. Ajay Babu, learned Assistant Government Pleader, on written instructions, submits that a preliminary enquiry was conducted by Respondent No.4, and it was noticed that the alleged activities are trivial in nature. Therefore, the police could not proceed further in accordance with law against the Petitioner and the third parties.

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3

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Be that as it may, the Petitioner has got alternative efficacious remedy under Section 200 of ‘the Cr.P.C.,’ / Section 210 read with 223 of ‘the BNSS’ when the complaint is not considered by the Respondent No.4.

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Considering the 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 way of filing a complaint under Section 190 read with Section 200 of ‘the Cr.P.C.,’ / Section 210 read with 223 of ‘the BNSS’.

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On filing of such private complaint by the Petitioner before the learned Jurisdictional Magistrate, the learned Jurisdictional Magistrate is directed to bestow his attention to the same and deal with the complaint in accordance with law.

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