Login
  • Bookmark
  • PDF
  • Share
  • CaseIQ

MADALA SAI PRASANNA v. THE STATE OF ANDHRA PRADESH

Andhra Pradesh High Court
Jul 28, 2026

APHC010342572026

IN THE HIGH COURT OF ANDHRA

PRADESH

AT AMARAVATI

(Special Original Jurisdiction)

[3504]

TUESDAY, THE 28thDAY OF JULY 2026

PRESENT

THE HONOURABLE SRI JUSTICE MAHESWARA RAO

KUNCHEAM

WRIT PETITION NO: 18286/2026 Between:

1. MADALA SAI PRASANNA, D/O LATE RADHA KRISHNA MURTHY, AGED 27 YEARS, OCC. CULTIVATION, R/O. D.NO. 3-53, (BOVADA CHINNA KOTHAPALLI, BAPATLA

DISTRICT, ERSTWHILE PRAKASAM DISTRICT,

PRESENTLY RESIDING AT 3-14-100, 2ND LINE, OLD

PATTABHIPURAM, GUNTUR DISTRICT.

2. MADALA HANUMANTHA RAO,, S/O. LATE SUBBAIAH AGED 79 YEARS, OCC. CULTIVATION, R/O. 3-14-100,

2ND LINE, OLD PATTABHIPURAM, GUNTUR DISTRICT.

...PETITIONER(S)

AND

1. THE STATE OF ANDHRA PRADESH, REP. BY ITS

PRINCIPAL SECRETARY, HOME DEPARTMENT,

SECRETARIAT, VELAGAPUDI AMARAVATI, GUNTUR

DISTRICT - 522237.

2. THE SUPERINTENDENT OF POLICE, GUNTUR DISTRICT

AT GUNTUR - 522002.

3. THE SUBDIVISIONAL POLICE OFFICER SDPO, GUNTUR

DIVISION, GUNTUR DISTRICT - 522002.

4. THE STATION HOUSE OFFICER, PATTABHIPURAM

POLICE STATION, PATTABHIPURAM, GUNTUR

DISTRICT - 522006.

5. VAJJA MURALI KRISHNA, S/O. HAH BABU, AGED 32 YEARS, OCC. CULTIVATION R/O. KURRAVANIPALEM

VILLAGE, KORISAPADU MANDAL PRAKASAM DISTRICT

- 523213.

6. VAJJA HARI BABU, S/O. RAMULU, AGED 55 YEARS, OCC. DRIVER, R/O KURRAVANIPALEM VILLAGE, KORISAPADU MANDAL, PRAKASAM DISTRICT - 523213

...RESPONDENT(S):

1

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 toPleased to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the Respondents, more particularly Respondents No. 2 to 4, in not considering the petitioner's representation dated 26.11.2025 submitted for conducting preliminary enquiry under Section 173(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 for registering an FIR against the accused persons for the offences committed including stalking, criminal intimidation, defamation, harassment, misuse of morphed electronic images and other offences punishable under the provisions of Bharatiya Nyaya Sanhita, 2023 and Information Technology Act, 2000, as illegal, arbitrary, unjust, amounts to failure to discharge statutory duties cast upon them under law and violative of Articles 14 and 21 of the Constitution of India and consequently direct the Respondents, particularly Respondent No.4 to consider the petitioner's representation dated 26.11.2025, conduct necessary preliminary enquiry as contemplated under Section 173(3) of BNSS, 2023 and thereafter register FIR against the accused persons and take appropriate action in accordance with law, and pass

IA NO: 1 OF 2026

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to direct the Respondents, more particularly Respondent No.4 to consider and take necessary action on the petitioner's representation dated 26,11.2025 submitted seeking to conduct preliminary enquiry under Section 173(3) of Bharatiya Nagarik Suraksha Sanhita, 2023 and to take appropriate steps against the accused persons by preventing them from indulging in stalking, harassment, criminal intimidation, misuse of electronic media, circulation of morphed images and other illegal activities and to ensure protection of the petitioner's life, liberty, dignity and privacy and maintain peace and public tranquillity, pending disposal of the main Writ Petition, and pass

Counsel for the Petitioner(S):

1. THARIGOPULA SURYA CHAITANYA

Counsel for the Respondent(S):

1. GP FOR HOME

2

THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM

WRIT PETITION NO: 18286 of 2026

The Court made the following Order:

Instant Writ Petition is filed by the petitioners under Article 226 of the Constitution of India for the following relief:

".. to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the Respondents, more particularly Respondents No. 2 to 4, in not considering the petitioner's representation dated 26.11.2025 submitted for conducting preliminary enquiry under Section 173(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 for registering an FIR against the accused persons for the offences committed including stalking, criminal intimidation, defamation, harassment, misuse of morphed electronic images and other offences punishable under the provisions of Bharatiya Nyaya Sanhita, 2023 and Information Technology Act, 2000, as illegal, arbitrary, unjust, amounts to failure to discharge statutory duties cast upon them under law and violative of Articles 14 and 21 of the Constitution of India and consequently direct the Respondents, particularly Respondent No.4 to consider the petitioner's representation dated 26.11.2025, conduct necessary preliminary enquiry as contemplated under Section 173(3) of BNSS, 2023 and thereafter register FIR against the accused persons and take appropriate action in accordance with law, and pass"

2. Learned counsel for the petitioners submits that despite the petitioners' complaint dated 26.11.2025, the police are not registering FIR.

3. When the matter is taken up for hearing today, learned counsel for the petitioners submits that in terms of the order of this Court dated 08.07.2026, he has taken notice on unofficial

3

respondent Nos.5 and 6 and filed proof of service vide USR No.81705 of 2026 on 27.07.2026.

4. On the other hand, learned Assistant Government Pleader for Home basing upon the Written Instructions dated 22.07.2026 of the respondent No.4, submits that a Crime in FIR No.407 of 2026 of Pattabhipuram Police Station, Guntur District, for the offences under sections 78(1)(i), 351(2) and 79 of BNS was registered on 21.07.2026 and the investigation is going on.

5. Written Instructions dated 22.07.2026 of the respondent No.4 is made part of the record

6. Recording the submission made by learned Assistant Government Pleader for Home and as the grievance of the petitioner has been redressed, no further orders are required to be passed, the writ petition is closed. However, the respondent police are directed to conduct an investigation in accordance with law.

Interlocutory applications, if any, pending shall stand closed.

____________________________________

JUSTICE MAHESWARA RAO KUNCHEAM

Date: 28.07.2026

4

KRK

5

THE HONOURABLE SRI JUSTICE MAHESWARA RAO

KUNCHEAM

WRIT PETITION NO: 18286 of 2026

Date: 28.07.2026

KRK

6