High Court · 2025
Case Details
Cited in this judgment
Petition under Art rle 226 of the Constitution of lndia prayirg that in the circumstances stated ir the affidavit filed therewith, the, High Cottrt may be pleased to issue a \/1/rit ,:,rder, direction especially one in the natun,r of Writ of Mandamus declaring lhe rction of the respondent No.4 in not registering the FIR basing on the complitinr ,.rf the petitioner dated 20-01-2020 and rrot taking any action against the unc f ir rrl respondents 5 to 10 is illegal,'arbitrary and contrary to the provisions of thr: (:"iminal Procedure Code and consequertly direct the respondent No.4 to rr:r;ir tr.:r the FIR on complaint dt.2O-O1-2020 :f the petitioner and take appropriate e c ,:n against the respondents 5 to 10 in acco'dance with law. lA NO: 1 OF 2020 Petition under ll -.r t'on 151 CPC praying that in the circumstanci)s stated in the affidavit filed in suppr rt of the petition, the High Court may be pk:as;ed to direct the respondent No.4 t: rr r:ister the FIR basing on the complaint dat€d :10-b1-2020 of the petitioner and tal(e ilppropriate action against the unofficial res;pc,ndents 5 to 10 in accordance with lar / pending disposal of the main Writ Petitior. Counsel for the Petiticn,rr: SRI P. BHANU PRAKASH Counsel for the Respc,n'lent Nos.1 to 4: GP FOR HOME Counsel for the Respc n lent Nos.5 to 10:--- The Court made the foll, rwing: ORDER THE HON'BLE SRI JUSTICE T. VINOD KUMAR W.P.No.8602 of 2O2O ORDER Heard learned counsel for the petitioner, learned Government Pleader lor Home appearing for respondent Nos.1 to 4, and pcrused the record.
2. Having regard to the manner of disposal of the Writ Petition and the nature of lis involved, this Court is of the view that notice to unofhcial rcspondent(s) is not necessary for adjudication of the presen t writ Petition
3. The case ol the petitioner, in brief, is that though he had approached the respondents-au thorities by submitting a complaint, dL.2O.Ol.2020, no action is taken thereon by registering the FIR, n'hich action of the respondents it is contended as highty illegal and arbitrary.
4. Per contra, learned Government Pleader for llome appearirtg on bchall of respondents submits that since, a case in FIR.No.385/2019, dt.25.12.2019 was registered against the petitioner, as a counterblast, he had approached the respondents- authorities and lodged the aforesaid complaint, and for the said reason, the authorities have nol registered any case basing on the compla\nt lodged b5, the petitioner. \ 2 t
6. petitioner the said rrrzrs r,-L the I l-rr,,< ,aken note of the respective submrssicns ltadr: .As c r: l;ehalf of the respondents it is conrclced that the 11 I rroaching the rcspondents and loclginlg z corrplaint, dt.2o.A.t'()). only as a countcr .Case Lo th,: case in FIR.No ll85 r )t 9, dt.25.12.2o1g registered agalnst llm, and for authorities having not registerel rh,: case, this lhat a+d- if the petitioncr rs ariF,r.i( ved br. the rnaction o respondents in regrstering a case based on his complain [, I r: :; required to avail remedies providecl L n(]er Section 15a(3) of Cr.I t., and rhereafter uncler Section I5f,(i]) rl Cr.p.C., instead r)f rl I rroaching this Court under Arricl€ 2!.6 of the Constitutrr;tr o lndia. Court is of 1l ,,view
7. Since , r r not shown to this Court of the iretiticne r availing such rem cd./ i, - (l aiso having regard to the law laid c ov .n by the Apex Court i.t M. Subramaniam and. Ors. Vs. S. J,a.n aki and. Orsr, and Srritri Vasu Vs State oJ lfttq.r pradesh2, rvitich has been followec b. ir Coorrlinate Bench of this Court in G<:>ai nd Ra1.u So,mi Vs The : tq.te of Telq.ngrrnq. and. otherss an(l lh,l recent order of this Oor rt in W.p.No.71S9 of 2O2S & barch, dt.lt) (.3.2025, 'e view thar if the pelitioner is aggri^r,.c i1y ths this Court is c i 'rzozor te scc zzt '2008 (2) SCC 40e ' 2Ot9 t4) ALD l7l =-.i actionoftherespondentsinnotregisteringacrimebasedonhis complaint, dt'2o OI'2O2O' has to avail further remedies provided under Cr.P.C /BNSS, and for the said reason' cannot maintain the prescnt Writ Petitlon liberty as notccl herein above ' the Writ Petitton ts
8. Grantlng disposed of. No ordcr as to costs Consequently, miscellaneous petitions' if any' pending sha1l 9 l i stand closed /TTRUE COPY// SDI. A.J AYASREE A sISTANT REGISTRAR SECTION OF FICER ry, Home Department' To, Rep. bY its Principal Sec ana,
1. The State of Telang Secre tariat Building' Hvd erabad ioner o 2.r he Commtss 4 The StationHouse Officer, SuItanabad Pol ice Station, Pedda palli District ndent of J, The SuPe 56T Advocate IoPUCI ourt for the State of Telangana, at p ndam' Pedda alli, PeddaPa P. Bhanu Sri GP for Hom alli District' District. Prakash, e, High C f Policd, Police' Ramagu PeddaP One CC to wo CCs to Hvd erabad touTl Two CD CoPies 7 TJ KV t$r... HIGH COURT DATED:291A,4,2025 I,! I i ORDER WP.No.8602 <'f 2020 c o E Sri r{: )(: I 2? '11,i 2025 c .+.. * )5'.,^r' r- ,,-' r(- \-==. t.= o DISPOSING CIF THE WRIT PETITION WITHOUT CO STS Ah, "plSl)4