High Court · 2025

THURSDAY, THE TWENTY FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE N.TUKARAMJI WRIT PETITION :44863 OF 2016 Between: Mrs. Gerosa Sebastian, Wo K. Laxman Rao, Aged about 78 years, Occupation House wife, R/o H.No 12-8-4391A, Modys Compound, Mettuguda, Secunderabad ...PETITIONER AND

1. The State of Telangana, represented by its Principal Secretary, Home Department, Secretariat Buildings, Hyderabad

2. The Deputy Commissioner of Police, North Zone, Secunderabad 3. The Station House Officer, Chilkalguda P.S, Chilkalguda, Secunderabad 4. Mr. Bryan D Cruze, S/o Jacob D Cruze, aged [Vlajor, Occlpation.Business, R/o H. No 10-3-7411, Beside Kenne-dy School, East Marredpally Secunderabad

5. Evangeline D Cruze, Wo Brayan D Cruze, Wife, R/o H. No 10-3-7411, Beside Kenn Secunderabad aged Major, Occupation House edy School, East MarredPallY ...RESPONDENTS Petition under Article 226 of the Corrstitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ, order or direction more in the nature of tvlandamus, declaring the inaction of official respondents in not registering the case against the unofficial respondents against the complaint made by the petitioner on 28-11-2016 to probe into the mysterious death of petitioners sister in law Mrs. Teresa D-Cruze, as being lllegal, Arbitrary, Un Constitutional, Violative of Articles 19, 21and 300-4 of the Constitution of lndia apart from being violative of Judgments by Honorable Supreme Court of lndia in the case of Lalithakuamri Vs.State of LP by succumbing to the political and executive pressures brought out by the unofficial respondents, as being illegal, arbitrary and is in vialabon of principles of cromissory estoppels as well Articles 14 and 21 of the Constitution of lndia, and ccnsequently direct the respondent Nos. 2 and 3 to register the crime on the complaint of the petitioner dated 28.11.2016. l.A. NO: 1 Ot:2016(WPMP. NO: 55327 OF 2015) Petitior 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 the 2nl & 3rd respondents to forthwith register a crime in pursuant to the complaint locged by the petitioner on 28.11.2016 against the respondents 4 & to 5 herein, pending the disposal of the above WP. Counsel for ttre Petitioner : SRI G.SANTOSH REDDY Counsel for tl^re Respondents No.1to3 : SRI R.LAXMIKANTH REDDY,AGP FOR HOME Counsel for tt',e Respondents No.4: -- The Court marle the following: ORDER 5 i, + .;1. 1;. '+ T .t + .!., i i ! .t J '/\ '{ , ORDER: THE HONOURABLE SRI JUSTICE N.TUKARAMJI WRIT PETITION No.44863 OF 2016 This Writ Petition is filed under Article 226 of Constitution of seeking the following relief: "...fo issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus declaring the inaction of official respondents in not registering the case against the unofficial respondents against the complaint made by the petitioner on 28.11 .2016 to probe into the mysterious death of petitioners sisfer rn law Mrs.Ieresa D Cruze as being lllegal, Arbitrary, UnConstitutional Violative of Articles 19, 21 and 300A of the Constitution of lndia apart from being violative of Judgments by Honorable Supreme Court of lndia in the case of Lalithakuamri Vs Sfafe of LP by succumbing to the political and executive pressures brought out by the unofficial respondenfs as being illegal arbitrary and is in violation of principles of promissory estoppel as well Articles 14 and 21 of the Constitution of lndia and consequently direct the respondent Nos.Z and 3 to register the crime on the complaint of the petitioner dated 28.1 1 .2016 and pass such other order or orders-..."

2. None appeared on behalf of the petitioner

3. Heard Mr.R.Laxmikanth Reddy, learned Assistant Government Pleader for Home appearing for respondent Nos.1 to 3.

4. Learned Assistant Government Pleader for Home submits that filing of writ petition, a direction to register a case, is not maintainable as per the settled legal position.

5. I have perused the materials on record. 2

6. The essence of the petitioner's grievance is that the concerned police authorities failed to register a case based on the written complaint dated 28.11.2016. Consequently, the petitioner seeks a direction from this Court under Article 226 of the Constitution of lndia to compel the police to register a crime. : 7 - ln this regard, the Hon'ble Supreme Court in Saklr Vasu v. Sfafe of U.P. & Others, reported in AIR 2008 SC 907, has laid down that a writ petitiorr under Article 226 is ordinarily not maintainable when the grievance pertains to the non-registration of an FlR, inasmuch as the Code of Criminal Procedure (Cr.P.C) provides an adequate and efficacious remedy. Following this principle, this Court , in Govind Raju Samf v. S;fafe of Tetangana, reported in 2019 SCC OnLine TS 9491, reiterated that a petitioner must exhaust the statutory remedies available under the Cr.P.C (now replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023, wherever applicable) before invoking the writ jurisdiction of the High Court.

8. This legal position has been further reinforced by a three-judge Bench of tlte Hon'ble Supreme Court in M. Subramaniam v. S, Janaki & Others, reported in AIR 2020 SC 387, wherein it was clarified that the appropriater remedy in such cases is to approach the Magistrate under L e€ (-) J the procedure contemplated in law, rather than directly invoking the writ jurisdiction.

9. ln view of the settled legal position, the relief sought by the petitioner under Article 226 of the Constitution of lndia cannot be entertained, particularly in the absence of any exceptional or extraordinary circumstances demonstrated in the writ petition. The scheme of Iaw provides adequate and efficacious remedies before the competent Magistrate, which the petitioner is at liberty to pursue in accordance with law, should the cause of action still subsist

10. Accordingly, the writ petition is dismissed as not maintainable There shall be no order as to costs. t 7 $ + t f !i To, 1 2 3 P Miscellaneous Petitions, pending if any, shall stand closed. //TRUE COPY// -SD/.C. DEEPI TANT REG / / TION OFFICER One CC to SRI G.SANTOSH REDDY, Advocate. [OPUC] Two CCs to GP FOR HOME, High Court for the State of Telangana. [OUT] Two CD Copies. BSK BS \ ;\ j o THE S t 0 5 |{AR 2|,128 * * '+ + {. '+ ,@ t .: :it, h + x. '+ l,i I I :i I :, I I I I I I I I I I HIGH COURT DATE D:2110812025 ORDER WP.No.,{4863 of 201G DISMIS{}ING THE WRIT PETITION WITHOI'T COSTS (" "i.