Shaik Baji Shaheed Vs the State of Ap

SHAIK GHANNU SHAHEED, S/O. HUSSAIN SAHEB, AGED ABOUT 80 YEARS, RIO. D.NO. 6-129, PERECHERLA VILLAGE, PHIRANGIPURAM MANDAL, GUNTUR DISTRICT, ANDHRA PRADESH- 522009. 6.

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ABOUT 36 YEARS, RIO. D.NO. 14-2092-94, PRAKASH NAGAR, TADEPALLI, GUNTUR DISTRICT, ANDHRA PRADESH-522502. 7.

SHAIK JANI BASHA, S/O. SHAIK GHANNU SHAHEED, AGED ABOUT 50 YEARS, RIO. D.NO. 6-129, PERECHERLA VILLAGE, PHIRANGIPURAM MANDAL, GUNTUR DISTRICT, ANDHRA PRADESH- 522009.

...RESPONDENT(S):

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Counsel for the Petitioner:

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Counsel for the Respondent(S):

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The Court made the following: ORDER:

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<…to issue a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not considering the report made by the petitioner in petition no. 224, dated 23.02.2026 on the file of the 3rd respondent in accordance with law, including registration of FIR is illegal, arbitrary and violative of Articles 14, 21 and 300-A of the Constitution of In1ia and opposed to all canons of Justice and consequentily direct the respondents to consider the report made by the petitioner in petition no. 224, dates 23.02.2026 on the file of the 3rd respondent in accordance with law forthwith …=

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

Mr. Chetan Ponnuru, learned counsel for the Petitioner, submits that the Petitioner has submitted a complaint dated 23.02.2026 to Respondent No.3 seeking registration of a crime against the unofficial Respondents, investigation, and filing of an appropriate charge sheet.

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Sri P. Ajay Babu, learned Assistant Government Pleader, on written instructions, submits that the complaint of the Petitioner was verified by Respondent No.3 by conducting a preliminary enquiry contemplated under Section 173(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity, 8the BNSS9). It was noticed that there is a civil dispute pending between the Petitioner and the unofficial Respondents. He further submits that the alleged offences are non‑compoundable in nature, and as seen from the complaint, the dispute is essentially civil. After conducting the preliminary enquiry, the Respondent Police referred the complaint of the Petitioner as civil in nature.

Be that as it may, the Petitioner has got alternative efficacious remedy under Section 200 of 8the Cr.P.C.,9 / Section 210 read with 223 of 8the BNSS9 when the complaint is not considered by the Respondent Police.

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 8the Cr.P.C.,9 / Section 210 read with 223 of 8the BNSS9.

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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