One CC to SRI v. BRAHMAIAH CHOWDARY, Ad

Petition under Article 226 of lhe Constitution of ln,i a praying that in the circumstances stated in the affidavit filed therewith, thr: High Court may be pleased to issue an aopropriate Writ, Order or Drrection nrr re particularly one in the nature of Writ of lt/landamus declaring the action of the r >spondent Nos-1 to 3 and 7 in not taking appropriate actron against 4 to 6 by r gistering a case and investigate the matter and punish suitably including cancell: ion of the recognition of the college for their negligence as illegal. atbitaty rnC Violation of the Principles of Natural Justice and consequentially direct the -espondent Nos. 1 to 3&7 to take appropriate action against the respondent Nos . to 6 by registerrng a criminal case and punish them suitably including canceliatio of the recognition of the 4th respondent college b) To direct the respondent lr r s. 4 to 6 to pay the compensation to Petitioners as per the principles laid dort I in the judgment of CWPIL No: 7 of 2014 in the interest of justice l.A. NO: 1 OF 2016(WPMP, NO: 14416 OF 2016 Petition under Section 151 CPC praying that in the c r )umstances stated in the affidavit filed in suoport of the petition, the High Courl r ay be pleased direct the Respondent No:7 to register the criminal case enquirir g the 4th respondent college investigating into the matter relating to the death ol (. Ajay and P.iVlohan in the interest of lustice. Counsel for the Petitioners: Ms. B. MADHAVI, REPRESENI NG SRI CHANDRAIAH tl. rlDU Counsel for the Respondents No.1 to 3: GP FOR REVENU E Counsel for the Respondent No.7: SRI R. LAXMIKANTH Rt: )DY, AGP FOR HOME Counsel for the Respondent No.8: GP FOR REVENUE (AP I Counsel for the Respondent No.9: GP FOR HOME (AP) Counsel forthe Respondents: SRI MADDELA RAVINDER The Court made the following: ORDER i. THE HONOURABLE SRI JUSTICE N.TUKARAMJI WRIT PETITION No.11434 OF 2016 ORDER: This Writ Petition is filed under Article 226 of Constitution of lndia seeking the following relief "...to issue a writ or order more pafticularly one in the nature of writ af mandamus declaring the action of the respondent Nosl to 3 and 7 in not taking appropriate action against 4 to 6 by registering a case and investigate the matter and punish suitably including cancellation of the recognition of the college for their negligence as illegal arbitrary and Viotation of the Principles of Natural Justice and consequentially direct the respondent Nos.7 fo 3 and 7 to take appropriate action against the respondent Nos.4 to 6 by registering a criminal case and punish them suitably including cancellation of the recognition of the 4th respondenl college b To direct the respondent Nos.4 to 6 to pay the compensation to Petitioners as per the principles laid down in the judgment of CWP|L.NoT of 2014 in the interest of justice and to pass such other order or orders as this Hon'ble Couri may deems fit iust and proper in the circumstances of the case ...."

2. Heard Ms.B.Madhavi, learned counsel representing Mr.A.Chandraiah Naidu, learned counsel for the petitioners and Mr.R.Laxmikanth Reddy, learned Assistant Government Pleader for Home.

3. Learned counsel for the petitioners would submit that the petition is filed seeking a direction to register the case and investigate the matter and to direct respondents to pay compensation and thus prayed for necessary directions. 2

4. Learned counsel for respondent Nos.4 and 5 wr> rld submit that as per the admission of the college, the students generir insurance policy would be obtained and after the occurrence, the rns r rance policy has been processed by the college and the amounts have reen deposited in the bank accounts of the parents of the deceased errr, I asserts that the college has no other liability.

5. lhave perused the materials on record

6. The contention of the petitioners is that the resS ondents failed to register the case in this aspect. The legal positior governing such matters is no longer res integra. ln Sakrr Vasu v. Sfal: of Ll.p. & Others (AlR 2008 SC 907), the Hon'ble Supreme Court categ orically held that when the grievance pertains to the refusal of the police : .o register a First lnformation Report (FlR), a writ petition under Article 2 2 ) is ordinarily not maintainable, since the Code of Criminal Procedure i 973 (,,Cr.p.C.',) provides an adequate and efficacious statutory mechal ;m

7. This principle has been consistently reaffirme,r . A three-judge Bench of the Hon'ble Supreme Court in M\. Subramanrtn v S. Janaki & Ofhers (AlR 2020 SC 387) clarified that the approprizr.: remedy for an aggrieved person lies in invoking the procedure conterr clated under the Cr.P C., rather than directly invoking the writ jurisdi: ion of the High .Cou B. ln the light of these settled legal principles and in the absence of any exceptional or.extraordinary circumstances warranting intervention by this Court under Article 226, the relief sought by the petitioner cannot be entertained. ln this case, the petitioners prayed for direction to register the case remains not maintainable. The petitioners are seeking compensation from the respondent Nos.4 to 6 for the death of the students and the liabilities are to be determined and it is possible only in regular proceedings before Competent Court without any determination. The prayer of the petitioners in this writ petition is improper and as such this petition is liable to be dismissed. However, this dismissal shall be without prejudice to the right of the petitioners to avail appropriate remedies under law, should any subsisting cause of action arise in the future

9. Accordingly, this Writ Petition is dismissed. There shall be no order as to costs. Miscellaneous Petitions, pending if any, shall stand closed S /.K.BHAVANI SWAMY ISTANT REGISTRAR A To //TRUE COPYII SECTION OFFICER

1. One CC to SRI V. BRAHMAIAH CHOWDARY, Ad 2- fwo CCs to GP for Revenue, High Court for the State of Telangana at cate [OPUC] Hyderabad. [OUT]

3. Two CCs to GP for Home, High Court for the State of Telangana at Hyderabad. [OUT]

4. Two CCs to GP for Revenue (AP), High Court for the State of Andhra Pradesh, Amaravati, Guntur District. [OUT] \

5. Two CCs to GP for Home (AP), High Court for the Str e of Andhra Pradesh Amaravati, Guntur District- [OUT] I

6. One CC to SRI I/ADDELA RAVINDER, Advocate [OPt C] 7 Two CD Copies MP PMK ?A ( k l I i i I I HIGH COURT DAI':D:2610812025 ) B Sra 15 a-3 a e 5 o r_) I I :r ?0'25 i. I -* : ORDER WP.Nc, 11434 of 2016 DISMISSING THE VvRIT PETITION WI-I HOUT COSTS ,0 I I '7 ( ilL5-