High Court · 2025

"Xffii'I1:+:lJ,'"'li,'i;:fr District, Telanglana' Petition under Article 226 oI lheconstitution of lndia praying that in the filed therewith' the High Court may be circumstances stated in *" pleased to issue W'it' O'0"' o' Direction more particularly one in the nature of Writ of Mandamus declaring tnl' in"tion of the Respondents NO 2 to 6 in taking action against the Respondents NO 7 to 12' who were arrayed as accused in Crime the offence u/s' No.29112O25, registered on 10'4'2025' for eNls' 175(3) BNSS on complaint made bv me due to the Attempt to ruuri", to my family and also we have life threat is illegal' arbitrary and violative of Article 21 of the Constitution of lndia and consequently direct the Respondent z to O to taKe action against the Respondents NO 7 to 12' who were arrayed as accused in Crime No'291/2025' registered on 10 4 2025' for BNS' 175(3) BNSS on the offence u/s 10g,n32,32g(z),3s1(2),351(3),352 complaint made t'y me due to the Attempt to Murder to my family in the interest of Los.132,32s(2r,tu',2)''u''itl',eiz !ustice IANO:1O F 2025 Petition under Section 1 51 CPC praying that in the circumstances stated in the affidavit filed in support of the petition' the High Court may be Pteased to direct the Respondent No 2 to 6 to take action against the ResPondents NO 7 to 12' who were arrayed as accused in Crime No '29112025, registered on '10 4 2025' for the offence u/s. 1 09, 1 32,3 2g(2)' 351 (2)'351 (3)' 352 BNS, 175(3) BNSS on comPlaint made by me due to the Attempt to Murder to my familY and also we have life threat, pending 'Jisposal of the writ petition' in the interest of .iustice counsel for the Petitioners: SRI RAMACHANDRA RAO PAIDI Counsel for the Respondent Nos.l to 6: GP FOR HOME counse, for the Respondent Nos.7 to 12i_ The Court made the following: ORDER THE ITOIV,BLE SRI JUSTICE T. VTNOD KUMAR l6r 24 w. P.No. of 2025 OR DE R: Heard learned preader ror Home consent the writ petition ,- .^,:t""""rrt admission stage. the petitioner' learned covemment eanng for respondent Nos l\os I to 6, and with their ition is taken up for hearing and disposar at "rr:.::::Tr

2. Having regard to the manner of disposal of the writ petition arrd the nature of /is involved, this Court is of the view that notice to unofficial respondent Nos.7 to 12 is not necessar the present Writ petition for adjudication of

3. The case of the petitioner, in brief, is that though respondent Nos.2 to 6 have registered a case uide Crime No.29l / 2025, dt.1O.O4.2O2S, against the unoflicial respondent Nos.7 to 12, the authorities did not initiate aly action against the said persons t,r date, including invoking the relevant provisions of BNS, which action of the respondents_authorities it is contended as highly illegal, arbitrary arrd violative of Article 21 of the Constitution of India. 4. Per contra, learned Government pleader appearing on beha_lf of the respondent Nos.l to 6 would submit that the respondents_ authorities based on the complaint lodged by the petitioner herein have registered a case uide Cnme No.29l /2O2S dt. 10.04.2025. l. 2

5. lrarned Govemment Pleader further submits that if the petitioner is aggrieved by the manner of investigation or the provisions, urder which the accused are charged in the aforesaid crime, has to rrvail the remedies provided under BNSS by approaching the concerned Magistrate, and for the said purpose cannot approach this Court try frling a Writ Petition under Article 226 of foe Constitution'rf India' I have taken note of the respective submissions made'

6. 7 The pe:titioner, while claiming ttrat the respondents-authorittes having regi:;tered a case wde Cime No'291/2O'25 against the unofficial reripondent Nos'7 to 12' however claims that the authorities did not invc'ke the relevant provisions of BNS and also not initiated any action against the unofficial respondent Nos'7 to 12' and as such' he is entitleC to invoke the jurisdiction of this Court under Artrcle 226 of the Consr-itution of India, it is to be noted that the Hon'ble Supreme Court in Vinag Tyagi Vs' Irshad Alil'and' Vinubhai Haribhai Malaviga <% Ors. os The Storte OJ Guiardt & Anr'z held that if a person is aggrieved either by the action of the respondents-authorities in relation to tlre course/conduct of investigation rlr the provisions, under which the person(s) are charged with, the aggrieved party has to avaii further remedies provided under Cr.P.C., and for the said 1 eoB) s scc 752 2 eolgl 77 SCC L J reason, cannot seek a direction under Article 226 of the Constitution of India 8 Despite this court informing the petitioner as to the aforesaid position of law, ttre petitioner persists that a direction has to be issued only by this Court in exercise of jurisdiction under Article 226 of the Constitution of Inclia

9. However, having regard to the law laid dorvn by the Apex Court in vinag eragi (supra) and, vinubhai,s case (supra), which binds this Court under Article 141 of the Constitution of Inclia, such a dir-ection cannot be issue<i to the respondents-authorities, for which the petitioner has to avail the remedies provided under Cr.p.C./BNSS. Further, as it is not shown to this Court of the petiticner having availed the remedy provided under BNSS, this Court is of the viei.v that the petitioner shculd be relegated to avail the remedies provided under BNSS and is not entitleC for being gralted any relief in the present Writ pctition.

10. Gra,ting riberty to the petitioner to avair remedies providcd under BNSS, the Wr.it petition is disposed of. No order as to costs. 1 1 . Consequently, miscellaneous petitions, if any, pending shall stald closed. Sd/. A.H.S. GOWRI SHANKAR ASSISTANT REGISTRAR To, //rRUE coPY// K@- SECTION OFFICER 1. The Principal Secretary, Home Department, Secretariat, Secretarial Buildings, 2. The Director General oJ police, Khairatabad, Hyderabad, Telangana - 500004. 3. The Commissioner of Police, Rachakonda conimissionarate , Siate of The State of Telangana, Hyderabad. Telanqana. (. - ir*{o6*rud*1ihqilffts -""" TJ PVL i i &.M HIGH COURT DATED:16 10612025 ORDER WP.No.16124 of 2025 f, C o ?g hu$ ?$25 * OES DISPOSING OF THE WRIT PETITION WITHOUT COSTS \ .:, r!-t: ri ../ { I b)