The High Court · 2025

3 L Srinivas Reddy, S/o l\rladhava Reddy, Aged 38 yrs, Occ pvt.Employee, Ft/o Plot No.21, Hanuman Nagar, Shamshiguda, yellammabanda, Kukatpally, R. R. District.

4. A.Damodar Reddy, S/o Akki Reddy, Aged 38 yrs, Occ Daily wager, Rl/o plot Kukatpally, No.48, Hanuman Nagar, Shamshiguda, Yellammabanda, - R. R. District. S !.-.[91!alneddy, S/o V.Venkat Reddy, Aged 48 yrs, Occ pvt.emptoyee, Rl/o LIG-212, Balajinagar, Kukatpally, Ranga Reddy District. 6. B. Saty^ana rayan, S/o B.Somaiah, Aged 38 years, Occ Daily wager, R/o plot No.222, Hanuman Nagar, Shamshiguda, yellammabahda, - Kukatpally, R.R District.

7. N.Sridhar, S/o Sattaiah, Aged 3'1 years, Occ Self employed, Rl/o H.No.1-99, Bagh Ameer, Kukatpally, R.R.District. Nagar, Shamshiguda, Kukatpally, R.R.Dist.

8. G.Raju, S/o G.Hanumanthu, Aged 25 yrs, Occ Labour, Sy_No.57, Hanuman 9 tt4 Nar-sing, !a!av, Slo lVl.Laxmaiah, Aged 37 years, Occ pv,t.employee, Ri,/o H.No.2-1-638/4, Plot No.57, Hanuman Nagar, Shamshiguda, Yellammabanda, Kukatpally, Ranga Reddy District. 10 M An4aneyuly, S{o M.Laxmaiah, Aged about 49 yrs, Occ Self employed, Rtio H.No.5-4-101/1, Kukatpally, R.R.District. 1 1. Ch.Srinivas Reddy, S/o Ch.lValla Redy, Aged about 33 yrs, Occ Pvt.employee, PJo Plot No.670, Hanuman Nagar, Sharirshiguda, Yellammabanda, Kukatpally, R. R.District- '12. Smt.G.Mukunda, Hanuman Nagar District. Aged.. about 20 yrs, Jcc Household, R/o Wio Raju, , Shamshiguda, Yellammabanda, Ku I rtpally, Ranga Reddy . AND .....PETITIONERS '1 The State of reranoana Rep.by its principar secretary rome Department, Hyderabad. 2- The Commissioner of police, Cyberabad, Hyderabad. 3. The Addl.Deputy Commissioner of police, Balanag ar Zt te, Cyberabad. 4. The Assistant Commissioner of police, Balanagar Divisr< n, Cyberabad. 5. The Station House Officer, police Station Jagathgiri Gull r. Balanagar, Cyberabad. Petition Under Article 226 of the Constitution of lr:Ci, circumstances stated in the affidavit filed therewith. the pleased to rssue an appropriate Writ, Order or Direction, m I the nature of WRIT OF IVANDATVUS declaring the negligen: respondents to register F.l.R./Crime after receipt of the cornl and in not investigating the offence complained against rl prosecuting the offenders according to law, as illegal, arbit.r mob fide and violative of Article 21 and 3004 of The Conr; direct the respondents to register F.l.R., investigate and fiis the jurisdictional ftilagistrate. l.A.NO:1 OF 2016 (WP MP.NO:2461 3 0F 2016) .....RESPONDENTS praying that in the Irgh Court may be e pa rticula rly one in : and inaction of the a int from petitioners e accused and not ry, u nconstitutional. tution of lndia, and :harge sheet before Petition Under Section 151 cpc praying that in the crrr rmstances stated in the affidavit filed in support of the petition, the High courr nay be preased to DIRECT the 5th respondent to register FlR., on compl: nts received from petitioners, investigate the offence according to raw, pending r sposar of main writ petition Counsel for the Petitioners : SRI T.KISHTAIAH counsel for the Respondents : sRI R.LAXMTKANTH REDDY, r Gp FoR HOME The Court made the foltowing ORDER I THE HONOURABLE SRI JUSTICE N.TUKARAMJI WRIT PETITION N0.20052 0F 2016 OR DER: This \Trit Petition is filed under Article 226 of Corstitution of India seeking the following relief/s:- "... 1o islue an appropriate Vrit, Order or Direction, more panicu.lar.ly one in the narure of VRIT OF MANDAMLS declaring {r9 legligence and inaction of the respondents to registei F I.R/Gime after receipt of the complaint fiom pedtion... ,-id in not investigaring dre offence complained agairst thi accused and not prosecuting. the offenden according to law, as iliegal, arbitrary, unconstitutional mob fide and violative of Anicle 21;d 3O0A ;f The Constirution of India, and direct the respondents ro register _ F.I.R, investigate and file charge sheet before the iurisdialonal Magistrate and pass such other order or orders as tht Hon,ble C-oun may deem fit and proper in the circturstances of the case.... . 2 J None appears on behalf of the petitioners. . I have heard Mr.Rlaxmikanth Reddy, leamed Assistant Govemment Pleader for Flome appearing for respondenr Nos.1 to 5.

4. The Learned Assistant Govemmenr pleader for Home submits that a writ peririon seeking a direction for registration of a 2 criminal case is not maintainable; as such relief is ir rpermissible in view of the settled legal position.

5. I have perused the materials on record.

6. Flavrng regard to the pra).rer made bythe petiti, ,ners, it is their grievance that the respondents failed to register m FIR/Gime despite receipt of their complaint. C.onsequently they seek a direction from this Court to compel the responden r to register the FIR, investigate the matter, and thereafter file a char e sheet.

7. On this aspect, the issue of whether a r rit petition is maintainable for issuance of a direction to register ru , FIR has been considered bythe Hon'ble Supreme C-ourt in Sakiri [/a.ra u. .f tate of U.P. dr Others, AlR2008 SC 907. Following the drc:um laid down therein, this Coun tr:, Goyind Raju J'ani u. State o/ 'elangana, 2019 SCC Online TS 3491, clarified that apaty seekirS redressal of a grievance regarding non-registration of an FIR mu t first exhar.rst the altemative statutory remedies avaiiable under the Code of Criminal Procedure, 1973 (now replaced in pan L; the Bharatiya 3 Nagarik Suraksha Sanhita, 2023). Accordtnglp a writ petition filed directly for such relief, withour availing those remedies, is nor maintainable.

8. The aforesaid legal position has further been fortified by a Three-Judge Bench of the Hon'ble Supreme Court n M. Subramaniam u. S. Janaki dz Others, AIR 2020 SC 387. In light of rhe settled position of law, the prapr made in rhe present writ petition is not maintainable. However, the rfuhts of the petitioners are reserved to approach the jurisdictional Magistrate and avail appropriate remedies as provided under law.

9. Accordingly rhis writ petition is dismissed as not maintainabie. No order as ro costs. Miscellaneous Petitions, pending if any, shall stand closed. //TRUE COPY// SD/.AHMED ABDULLA KHAN ASSISTANT BEGISTRAR ,,,.(9 SECTION OFFICER To Hyderabad.

1. The Principal Secretary, Home Department, State of Telangana at

2. The Commissioner of Police, Cyberabad, Hyderabad. 3. The Addl.Deputy Commissioneiof Police, Balanagar Zone, Cyberabad. 4. The Assistant Commissioner of Police, Balanagar Division, Cyberabad- 5. The Station House Officer, Police Station Jagathgiri Gutta, Balanagar, Cyberabad.

6. Two CCs to GP FOR HOIVE, High Court for the State of Telangana at Hyderabad. [OUT]

7. Ohe CC to SRI T.KISHTAIAH, Advocate [OPUC] 8. Two CD Copies SA GJP P&c.. { 6 {rlE S Il r7 JAN 2u28 i\-l o O a * HIGH COURT DATED:1210812025 ORDER WP.No.20052 of 2016 DISMISSING THE W,P AS NOT MAINTAINABLE WITHOUT COSTS. On*o tx\r-\r(