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Andhra Pradesh High Court - Amravati

Kondeti Jayaramulu vs The State Of Andhra Pradesh on 2 March, 2026

APHC010694252025
                    IN THE HIGH COURT OF ANDHRA PRADESH
                                  AT AMARAVATI               [3521]
                           (Special Original Jurisdiction)

                   MONDAY,THE SECOND DAY OF MARCH
                     TWO THOUSAND AND TWENTY SIX

                               PRESENT

          THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO

                      WRIT PETITION NO: 35578/2025

Between:

  1. KONDETI JAYARAMULU, S/O. OBULESAPPA AGED 78 YEARS,
     R/O. D NO. 3-92, BC COLONY, VIDAPANAKAL VILLAGE AND
     MANDAL, ANANTAPUR DISTRICT

                                                      ...PETITIONER

                                  AND

  1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL
     SECRETARY TO GOVERNMENT,           HOME DEPARTMENT,
     SECRETARIAT, VEIAGAPUDI, AMARAVATI, GUNTUR DISTRICT.

  2. THE SUPERINTENDENT OF POLICE, ANANTAPUR DISTRICT AT
     ANANTAPUR

  3. THE INSPECTOR OF POLICE, VIDAPANAKAL POLICE STATION,
     VIDAPANAKAL VILLAGE AND MANDAL, ANANTAPUR DISTRICT

  4. THE STATION HOUSE OFFICER, VIDAPANAKAL POLICE STATION,
     VIDAPANAKAL VILLAGE AND MANDAL, ANANTAPUR DISTRICT

  5. KONDETI SURYA CHAKRAVARTHI BABU, S/O. KONDETI
     JAYARAMULU AGE 47 YEARS, RIO. D NO. 3-92, BC. COLONY,
     VIDAPANAKAL VILLAGE AND MANDAL, ANANTAPUR DISTRICT

  6. YOGAMMAGARI NARAYANA SWAMY, S/O. Y THIPPANNA AGED
     ABOUT 45 YEARS, R/O. NEAR MASJID, BC COLONY,
     VIDAPANAKAL VILLAGE AND MANDAL, ANANTAPUR DISTRICT

  7. PALTHURU MALLIKARJUNA, S/O. PALTHURU SUNKANNA           AGED
                                                2
                                                                                       Dr. YLR, J
                                                                           W.P.No.35578 of 2025
                                                                               Dated 02.03.2026

      ABOUT 37 YEARS, R/O. SUBBARAO COLONY, GADEKAL ROAD
      VIDAPANAKAL VILLAGE AND MANDAL, ANANTAPUR DISTRICT

                                                                     ...RESPONDENT(S):

Counsel for the Petitioner:

UDAY KUMAR VAMPUGADAVALA Counsel for the Respondent(S):
GP FOR HOME The Court made the following:
The Writ Petition has been filed under Article 226 of the Constitution of India seeking the following relief:-
"...Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the inaction of the respondent Nos. 3 and 4 in not registering compliant, dated. 18.10.2025 and 27.11.2025, in accordance with the directions issued by Revenue Divisional Officer, Guntakal / Tribunal under Maintenance and welfare of Parents and Senior Citizen Act, Case No. 2171 of 2025, Dated. 26.09.2025, to take suitable action on my compliant in accordance with law, as illegal, irrational, contrary to law, against to the Principles of Natural Justice and violation of Art. 14 and 21 of Constitution of India and consequently direct the 3rd and 4th respondents to register case against the respondent Nos. 5 to 7 and pass...."

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

3. Sri. V. Uday Kumar, learned counsel for the petitioner, submits that respondent Nos.3 & 4 have not registered an FIR pursuant to the complaints dated 18.10.2025 and 27.11.2025 filed by the petitioner 3 Dr. YLR, J W.P.No.35578 of 2025 Dated 02.03.2026 against respondent Nos.5 to 7, despite the contents of the complaints clearly disclosing the commission of cognizable offences.

4. Sri P. Ajay Babu, learned Assistant Government Pleader, on written instructions, submits that the petitioner is the father of respondent No.5. Respondent No.4 has conducted preliminary enquiry and noticed that the complaints lodged by the petitioner were civil in nature. It is also noticed that a civil Suit in O.S.No.132 of 2024 is pending before the competent Civil Court. A case in Crime No.71 of 2025 was registered on 14.11.2025 for the alleged offences punishable under section 194(2) of 'the B.N.S.' at the instance of one Y. Sriramulu against the petitioner and some others.

5. Be that as it may, the petitioner has an alternative and efficacious remedy before the learned jurisdictional Magistrate by way of filing a private complaint. If the petitioner is of the view that his complaint discloses a cognizable offence and is liable to be registered as an FIR, and that respondent No.4 has failed to register the same or that respondent No.2 has not issued appropriate instructions to respondent No.4 to register the case, he is at liberty to avail the remedy under Section 190 read with Section 200 of 'the Cr.P.C.,'/Section 210 read with Section 223 of 'the BNSS'.

4

Dr. YLR, J W.P.No.35578 of 2025 Dated 02.03.2026

6. In view of the above, 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 Section 223 of 'the BNSS'. 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: 02.03.2026 PBS 5 Dr. YLR, J W.P.No.35578 of 2025 Dated 02.03.2026 220 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO: 35578 of 2025 Date: 02.03.2026 PBS