Jecision of this 'Court in the oase of Govind Raju Sanni v. The Statr- of Telangano. and otherst

Petition under Article 226 ot lhe Constitution of lndia praying that in the circumstances statbd in the affidavit filed therewith, the High Court may be pleased to issue a writ or order or direction, more particularly in the nature of a Writ of Mandamus or any other appropriate writ directing Respondents No. 2 (lnspector of Police, Jubilee Hills Police Station) to register an FIR against the accused persons under appropriate sections of the law for physical assault, criminal intimidation, and causing hurt. !A NO: 1 OF 2025 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 to direct Respondents No.2 to take immediate action on the Petitioners complaint and ensure necessary legal steps, including preliminary investigation, undertaken without delay. Counsel for the Petitioner: SRI MOHAMMAD lMTlyAZ PASHA Counsel for the Respondents: AGP FOR HOME The Court made the following: ORDER , I THE HON'BLE SRI JUSTICE T. VINOD KUMAR W.P.No. 7623 of 2o25 ORDER: The grievance of the petitioner in the present Writ Petition is that the respondents-authorities are not initiating action by registering the FIR, basing on the complaint made by the petitioner, against the persons named therein, which action of the respondents it is contended as highly illegal and arbitrary.

2. Heard learned Counsel for the petitioner and the learned Government Pleader for Home appearing for the official respondents and with the consent of the learned counsel appearing for the respective parties, the writ petition is taken up for hearing and disposal at admission stage.

3. l,earned counsel appearing on behalf of petitioner fairly submits that the issue involved in the Writ Petition is squarely covered by a decision of this Court in WP.No.7159 of 2025 & batch, dt. 10.03.2025, and the said common order would apply in all force to the facts of the present case. The same is not disputed by the Government Pleader for Home appearing for the official respondents.

4. Recording the same, for reasons alike as were stated in the aforesaid Writ Petitions, uide W.P.Nos.7159 of 2025 & batch, 2 , -,- dt. 10.03.2025, and in terms thereof, the presert Writ petition is also dispose<l o[. No order as to costs. 5- Registrv is directed to append a copy of the order passed in W.P.Nos.715I ot '2025 & batch, dt. 10.03.2025, to this order.

6. Conseclucntly, miscellaneous petitions, if any, pending shall stand closed. //TRUE COPY// SD/.V.KAVITHA OEP TY REGISTRAR A S CTION OFFICER To, '1 . The Principal Secretary Department of Home, Secretanat, Hyderabad, State of Telangana.

2. The Station House Officer, Jubilee Hills Police Station, Hyderabad, Telangana State.

3. The Asst Conrmissioner of Police, Jubilee Hills Police Station, Hyderabad, Telangana State.

4. The Commissioner of Police, Hyderabad City at Roacl No.12, Banjara Hills, Hyderabad.

5. One CC to SR' MOHAMMAD IMTIYAZ PASHA, Advocate [OPUC] 6. Two CCs to GP FOR HOME, High Court for the State of Telangana at Hyderabad [O(JT]

7. Two CD Copies (Along with the copy of order dated 10.03.2025, in W.P.No.7159 of 2025 & batch) BSR LS t *--'' i I \ *:b H Fw HIGH COURT DATED:1 310312025 ORDER WP.No.7623 of 2025 '- n: i i{f € tI. a' 1 S APN ?C25 tQ., =r- \ t C)I { *.i 4 DISPOSING OF THE WRIT PETITION, WITHOUT COSTS r# v\ \ <:/- THE HON' BLE SRI JUSTICE T. VINOD KUMAR W.P.Nos. 7159,71 76,72 o5. 7214, and 7329 of 2o25 coMMOIt ORDER Since the grievalce of the petitioners in all the wnt petitions is one ald the same, these writ petitions are being disposed of by this common order

2. Heard learned Counsel for the petitioners and the leamed Government Pleader for Home appearing for the official reqpondents and with the consent of the leamed counsel appearing for the respective parties, these writ petitions are taken up for hearing afrd disposal at admission stage.

3. Having regard to the nature of lrls involved and the manner of disposal, this Court is of the view that notice to unoflicial respondents in all these writ petitions is not necessaqr for adjudication of the present Writ Petitions.

4. Shorn of unnecessary details, the case of the petitioners in brief is that the respondents-authorities are not following the provisions of Section 154(3) of the Cr.p.C., and Section lZ4 of tt,e Bharatiya Nagarik Suraksha Sanhita (for short tsNSS) by initiating action to register FIRs against the unolfrcial respondents, respectively, basing on the complaints made by the petitioners, which action of the respondents it is contended as highly illegal and arbitrary. 7

5. Per cor',tra, learned Government Pleader for Hone appearing for ofhcial respondents would submit that for non - registration of FIR, the petitioners cannot invoke the jurisdiction of this Court under Arncle 226 oi the Constitution of India in view of the: ,Jecision of this 'Court in the oase of Govind Raju Sanni Vs The Statr- of Telangano. and otherst; that in the event of the respondent SHO refusing to register FIR, the petitioners have alternate remedies provided under the Code of Orimina-l Procedure, 7973 or BNSS to seek redressal of their grievance; and that invoking the jurisdiction of this Court under Article 226 of the Constitution of India without exhausting. the alternate remedies is contraqr to t}:,e dicta laid dowrL by the Hon'ble Supreme Cotrrt in the case of Sclciri Vasu Vs State oJ Uttar Pradeshz-

6. I have taken note of the respective contentions urged and perused the r()cord.

7. In similar circumstances, this Court in W.P.No.24495 of 2079, dt.2l.O4.2O2O, W.P.No.S189 atd 12691 of 2O2O, dt.It1.01.2024, and also in W.P.No.37446 of 2O22 end W.P.No.38397 of 2019, having regard to the law laid down by a three-judge bench of the Supreme Court in M. Subrdmanio:rn and Ors. Vs. S. Jan.aki and Ors3, wherein the dicta laid down by the Hon'ble Supreme Court in the case ' zotg 1t1 *o tt+ zoos 121 scc +oe 't (2020) t6 scc 728 'z 3 of Sakiri y@su's case(2 supra) was reiterated, categorically held that a Wit of Mandamus cannot be issued directing the respondents- authorities to register an FlR/crime, even though the complaint {iled indicates commission of al offence.

8. This Court, in W.P.No.8189 ar,d 12691 of 2O2O, dt.31.O1.2O24, having regard to the provisions of the Cr.P.C., had held that in the event of the Station House Offrcer not registering the crime basing on the complaint made, the complainant has to avail the remedy of approaching the Superintendent of Police (for short SP'), and in the event of the authorities, be it the SHO or the SP, refusing to receive the complaint by registering a FIR and undertaking investigation, the complainant has ttre further remedy of approaching the concei"ned Magistrate Court by filing a private complaint; and that on the Court being pima facie satisfied of the contents of the complaint disclosing commission of a cogrrizable offence, the Magistrate in exercise of powers conferred under the Cr.P.C./BNSS cal direct the officer-in- charge of the police station to conduct investigation ald submit a report. The above stated procedures envisage safety measures to ensure registration of a complaint, even if the SHO fails to register the FIR.

9. In the facts of tJle present cases, admittedly, the petitioners herein did not show to this Court of they av.iling/exhausting the said remedies. 4

10. In view ofthe above, and having regard to the position of law as enunciated bv the Apex Court, this Court is of ttLe view that no direction to the respondents-authorities to register an FIR on the basis of the complaints lodged by the petitioners, respectively, cal be issued. However, in the event ofthe petitioners being aggrieved by the inaction of the respondents-authorities in not registering their complaints, it is always open for the petitioners to avElil the remedy of frling a private complaint before the concerned Criminrrl Court.

11. Subject to the above observations, the Wit Petitions are disposed of. No order as to costs.

12. As a sequei miscellareous petitions pending if any sha1l stand closed. No order as to costs. T. VINOD KT'MAR, J IOth March, 2025