S.Shekar Reddy v. The State of Telangana

Petition under Article 226 ol lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed ther'ewith, the High Court may be pleased to issue a Writ order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Official Respondents in not register the FIR against the un-official Respondent No.3, and representation made by the Petitioner to the Station House officer, PS, Jeedimetla, Madchal-Malkajigiri District daled.27 -3-2025, and in not conducting proper enquiry in this matter and in not filing charge sheet before the concerned court, as illegal arbitrary, opposed to the provisions of the Art 14,16,19,21 And 300(A) of the Constitution of lndia in any manner, consequently further to direct the Station House officer, PS, Jeedimetla, fvladchal-Malkajigiri District, to filing the charge sheet before the concerned Court and to take necessary action against the un-official Respondent No.3 and to protect the Petitioner's Rights, according to law, pending disposal of the WP. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the Station House officer, PS, Jeedimetla, Madchal-Malkajigiriiif District, to filing the charge sheet before the concerned Court and to take necessary action against the un-officral Respondent No.3 and to piotect the Petitioners Rights, according to law, pending disposal of the WP. Counsel for the Petitioner: SRt VEERAMREDDIGARI PRABHAKAR REDDy Counsel for the Respondent Nos. 1 & 2 : GP FOR HOME Counsel for the Respondent No. 3:-------------- The Court made the following: ORDER L THE HONtsLE SRIJUSTICE T. VINOD KUMAR Writ Petition No.11658 of 2025 ORDER Heard learned counsel for the petitioner, learned Government Pleader for Home appearing for respondent Nos.1 and 2 , and with the consent oF the learned counsel appearing for the parties, the writ Petition is taken up for hearing and disposal at the admission stage'

2. Having regard to the manner of disposal of the Writ Petition at the admission stage and the nature of /s involved, this Court is of the.view that notice to unofficial respondent No.3 is not necessary for adjudication of the present Writ Petition.

3. Shorn of unnecessary details, the case of the petitioner, in brief, is that though he has approached the respondents-authorities and submitted a representation/complaint dt.21 .03.2025, no action has been taken by the respondents-authorities against the 3'd respondent by registering FIR and initiating necessary action thereon and thus, there is inaction on the part of the respondents-authorities.

4. Per contra, learned Government Pleader for Home appearing on behalf of respondent Nos.1 and 2 would submit that the 3'd respondent herein had approached the 2nd respondent on 20.03.2025 and lodged a 2 complaint against the petitioner herein, alleging that he had iilicit relationship with another lady and beating her.

5. Learned Government preader further submits that based on the complaint made by the 3'd respondent herein, the authorities have registered a case, vide crime No.339 of 2025 dt.20.03.2025 against the petitioner. 6' Learned Government preader further submits that the petitioner on learning of the aforesaid complaint lodged by the 3d respondent, had approached the respondents-authorities and rodged a counter cbmplaint on 27.03.2025 against the 3'd respondent herein, of the 3d respondent beating the petitioner for which the authorities have made a GD entry and are conducting investigation into the same.

7. Learned Government pleader fufther submits that since the respondents-a uthorities have already registered a case based on the complaint made by the 3'd respondent herein against the petitioner, the petitioner as a counter blast appears to have rodged the aforesaid complaint. B I have taken note of the respective contentions urged

9. Though the petitioner alleges that the respondents-authorities are not initiating any action on his complaint dt.27.03.2025, admittedly, by the ; I I t I 3 time the petitioner approached the respondents-authorities and lodging a complaint, a case has already been reglstered against the petitioner herein vide Crime No.339 of 2025. Thus the action of the petitioner in approaching the respondents-a uthorities and Iodging a complaint on 2T.o3.2o25appearstobeaCounterblasttothecaseregisteredagainst him. 10'Further,itisa|sotobenotedthatifthepetitionerisoftheview that the respondents-authorities are not taking any action on the complaintlodgedbyhim,thepetitioneroughttohaveavailedfurther remedies provided under BNSS and for the said reason, cannot approach this Court by filing the present Writ Petition under Article 226 of the constitution of India seeking a direction to the respondents-authorities for registration of FIR against the 3'd respondent based on his complaint dt.27.03.2025.

11. This court in a writ Petition, vide w.P:No.7159 of 2025, having regard to the law }aid down by the Apex Court in Sakiri Vasu v/s' State of ttttar Pradesi and the subsequent judgment of the Apex Court in M. Subramaniam and Ors. v/s. S. -lanaki and OrJ and the decision of the coordinate Bench of this court had held that if the complainant is aggrieved by the action of the respondent-police by not registering an I 2oo8 (2)sc('.109 '(2020) t6 scc 72tl I ,1 FIR, the complainant ought to have availed further remeciies provided under cr.P.c./BNSS and for the said reason, cannot fire a writ petition seeking a direction to register an FIR.

12. Since, in the facts oF the present case, the petitioner is alleging inaction on the part of the respondents-authorities in registering FIR based on a complaint dt.27.o3.zo2s, this court is of the view that the petitioner should avair remedies provided under the code/BNSS and no Mandamus can be issued to the respondents to register crime.

13. Granting liberty as noted above, the Writ petition is disposed of. No order as to costs

14. Miscellaneous petitions, if any, pending in this writ petition shall stand closed //TRUE COPY// SD/. L. VIJAYA LAXMI ASSIST,ANT REGISTRAR , SECTION OFFICER

1. The Prl Secretary, Home Deportment, Secretariat' Hvderabad. T#Slriia; House officer, PS' Jeedimetla' Madchal-.Malkajigiri-District' o;; "cEi; s'l Veera*ie,jdiqlri Fiabnakar Reddv, Advocate [oPUC] for Home,'H-igh co"t for the Staie of Telangana' at i*5 cc"'Io Hyderabad [OUT] Two CD CoPies -cP \ To, 2 J 4 5 TJ LS HIGH COURT DATED:21 10412025 ORDER WP.No.11658 of 2025 -#Ah* ({-,,,,,;\ '''''-, \<=r2l ^i; DISPOSING OF THE WRIT PETITION WITHOUT COSTS r$',