The High Court · 2025

'1 1 . The Station House Officer, Machavaram Police Station, Machavaram, 12. Sri. Manlr4ohan, Detective lnspector, Saroor Nagar Police, Station, Rachakonda Commisinorate, Ranga Reddy District. State Of Telangana 13.V,S.Kohli S/0. Not Know to the Petitioner, Occ Vice Chairman, Panineeya lnstitute of Dental Sciences and Research Center, Dilsukhnagar,Hyderabad.. '14. Naseer Hussaina Begum, Wo. Saleha Nuruddin Vali @, Shaik Mehaboob Ali, Ri/o. Saheb Nagarkalan Village, Hayat Nagar lt4andal, Ranga Reddy District 15. Mohammad Saleha Nuruddin Vali S/o. Mohammad Hussain, Rl/o. Saheb Nagarkalan Village, Hayat Nagar Mandal, Ranga Reddy District ...RESPONDENTS Petition under Article 226 of lhe Constitution of lndia 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 l,4andamus- (1) To declare the action of the respondents more particularly respondent Nos. 6. 7, I and 12 in not conducting fair investigation in Crime. No. 2712017 of 7th respondent police station and Crime No. 539 12017 on the file of 8th respondent police station as arbitrary, illegal and violative of Article 14 and 21 of the Constitution of lndia. (2) To declare the action of respondent Nos.6 and 7 in not initiating any action upon the complaint given by the petitioner dated 04-07- 20'1 7, against the 13th respondent and against the management of the college namely Panineeya lnstitute of Dental Sciences and Research Center, Hyderabad, regarding fraudulent acts doing by the management by cheating impersonation, forgery and cheated the public at large as well as the Government of Telangana and Union of lndia. is illegal and violative of Article 14 and 21 of Constitution of lndia. (3) To transfer the investigation in Crime. No.2712017 of 7th respondent police station and Crime No. 539 12017 on the file of Bth respondent police station to any other investigating agency other than police department for conducting proper un- biased investigation (4) To declare the action of respondent Nos. 10 and 11 in not initiating any action upon the complaint given by the petitioner dated O4-O7-2017. against the 121' respondent and his henchmen regarding trespass and illegal search made in the petitioner house is illegal and violative of Article 14 and 21 of Constitution of lndia. l.A. NO: 1 OF 2017(WPMP. NO: 38663 OF 2017) Petition under Section 151 CPC praying that in the circumstances stated in the aflidavit filed in support of the petition, the High Court may be pleased to grant stay of all further proceedings in Crime No. 2712017 of 7th respondent police station and crime No. 539/ 2017 on the file of 8th respondent police station, till disposal of the Writ petition. Counsel for the Petitioner: SRl. V. ROOPESH KUMAR REDDY Counselfor the Respondent Nos. 1to9: SRI M. SRINIVAS, AGP FOR HOME Counsel for the Respondent Nos.9to11: SRI A. RAGHURAM, AGP FOR HOME(A.P.) Counsel for the Respondent Nos. 12&13:SRl V. ROOPESH KUMAR REDDY The Court made the following: ORDER THE HONOURABLE SRI JUSTICE N.TUKARAMJI ORDER: WRIT PETITION No.31032 OF 2017 This Writ Petition is filed under Article 226 of Constitution of lndia seeking the following relief: "...lo lssue an order, direction or a writ particulady one in the nature Wit of Mandamus, (1) To declare the action of the respondents more particulaly respondent Nos. 6. 7, I and 12 in not conducting fair investigation in Cime. No. 27/2017 of 7th respondent police station and Cime No. 539 /2017 on the file of ?th respondent police station as arbitrary, illegal and violative of Atlicle 14 and 21 of the Constitution of lndia. (2) To declare the action of respondent Nos. 6 and 7 in not initiating any action upon the complaint given by the petitioner dated 04-07-2017, against the 13th respondent and against the management of the college namely Panineeya lnstitute of Dental Sciences and Research Center, Hyderabad, regarding fraudulent acts doing by the management by cheating impersonation, forgery and cheated the public at large as well as the Government of Telangana and Union of lndia. is illegal and violative of Article 14 and 21 of Constitution of lndia. (3) To transfer the investigation in Cime. No. 27/2017 of 7th respondent police station and Crime No. 539 /2017 on the file of &th respondent police station to any other investigating agency other than police depadment for conducting proper un- biased investigation (4) To declare the action of respondent Nos. 10 and 11 in not initiating any action upon the complaint given by the petilioner dated 04-07-2017, against the 12th respondent and his henchmen regarding lrespass and illegal search made in the petitioner house is illegal and violative of Atlicle 14and21 of Constitution of lndia......"

2. Heard Mr.V.Roopesh Kumar Reddy, learned counsel for the petitioner, Mr.M.Srinivas, learned Assistant Government Pleader for Home appearing for respondents No.1 to 9 and Mr.A. Raghuram, learned Assistant Government Pleader for Home for the State of Andhra Pradesh appearing for respondents No.9 to 11 Y 2

3. The petitioner's case rests on two principal grounds. First, the petitioner seeks a direction for entrusting the investigation in Crime No 27 of 2017 and Crime No.539 of 2017, which are presently on the files of respondents No.7 and 8 respectively, to an independent or alternate investigating agency to ensure a fair and impartial investigation. Secondly, the petitioner prays for a direction to respondents No.10 and 11, the Assistant Commissioner of Police and the Station House Officer, respectively, to initiate appropriate action based on the petitioner's representation dated 04.07 .2017 against respondent No. 1 3.

4. Learned Assistant Government Pleader for Home submits that the investigation in Crime No.27 of 2017 has been duly completed and a charge sheet has been filed. Consequently, the case has been taken cognizance of and numbered as C.C. No.4096 of 2023 on the file of the learned V Metropolitan Magistrate, L.B. Nagar, Ranga Reddy District. With respect to Crime No.539 ot 2017, it is submitted that, after thorough enquiry, the lnvestigating Officer filed a final report dated 30.04 2018 classifying the case as "lack of evidence." lt is further contended that the petitioner's allegation of improper or biased investigation is unsubstantiated and unsupported by any material evidence. As regards the second relief sought, relating{Or'the representation daled 04.07.2017, it is contended that the petitioner _:) ought to have availed the statutory remedies provided under the Code of Ciminal Procedure, 1973, before invoking the extraordinary jurlsdiction of this Court under Article 226 of lhe Constitution of lndia. He further relies on judicial precedents holding that when efficacious alternative remedies under the Cr.P.C. are available, a writ petition under Article 226 is not maintainable

5. Learned Assistant Government Pleader appearing for respondents No.9 to '1 1 submits that the matter may be disposed of on the basis of the materials placed on record and in accordance with

6. lhave perused the pleadings and the materials placed on record.

7. With respect to the petitioner's contention regarding fair investigation, this Court finds no reasonable ground to infer that the investigation conducted by the concerned lnvestigating Officers suffered from bias or procedural irregularity. The materials on record reveal that in Crime No.27 of 2017, the investigation has culminated in the filing of a charge sheet, and the case has been taken cognizance of and is presently pending before the competent Magistrate. ln Crime No.539 of 2017, the lnvestigating Officer has submitted a final report concluding that there was a lack of sufficient evidence to proceed further. ln view of these developments, and in - 4 the absence of any demonstrable exceptional circumstances warranting interference. this Court finds no justification to direct transfer of the investrgation to another agency, particularly at this advanced stage of proceedings

8. As regards the petitioner's request for initiating action based on his representation dated 04.07.2017, it is a settled principle of law that a person alleging inaction on part of the police authorities must first exhaust the statutory remedies provided under the Code of Ciminal Procedure, 1973. fhe petitioner, if aggrieved by non- registration of an FIR or improper investigation, has the remedy under Sections 154(3), 156(3), or 200 Cr.P.C. to seek appropriate relief before the jurisdictional Magistrate. The Hon'ble Supreme Court in M. Subramaniam v. S. Janaki, (2020) 16 SCC 728, and Sakln Vasu v. Stafe of U.P, (2OOB) 2 SCC 409, has categorically held that when an alternative and efficacious statutory mechanism exists under the Cr P C., recourse to writ jurisdiction under Article 226 of the Constitution is not maintainable, except in rare and exceptional cases involving gross abuse of process or manifest illegality.

9. ln the present case, the petitioner has not demonstrated any such exceptional circumstance warranting exercise of this Court,s extraordinary jurisdiction. Therefore, in light of the seftled legal position and the facts and circumstances of the case, the prayer ) seeking a direction to respondents No.10 and 11 to initiate action on the petitioner's report dated 04.07.2017 cannot be entertained at this stage. 10, Accordingly, this writ petition is dismissed. However, liberty is reserved to the petitioner to avail the appropriate statutory remedies available under law if the cause of action still survives. There shall be no order as to costs Miscellaneous Petitions, pending if any, shall stand closed SD/.P.PONNA KRISHNA ASSISTANT REGISTRAR ,TRUE COPY// SECTION OFFICER To, Hyderabad [OUT]

1. One CC to SRl. V. ROOPE_SH KUI\,IAR REDDY, Advocate tOpUCl 2. Two CCs to GP FOR HOME ,High Court for the State of Teiangani at 3. Two CCs to GP FOR HOME High Court for the Andhra pradesh, at 4. One CC to SRl. V. ROOPESH KUMAR REDDY, Advocate [OPUC] 5. Two CD Copies Amaravathi [OUT] Bru rKS Pna. HIGH COURT DATED:1011012025 I SIA q o() i) 2 0 JAll 2026 I ORDER WP.No.31032 of 2A17 DISMISSING THE WRIT PETITION WITHOUT COSTS ?flq" \rr \>s- fc,