C.Maruti Venkat Ram v. 1. The State of Telangana

Counsel for the Petitioner: SRI T. ARUNACHALAM Counsel forthe Respondent Nos. 1to3: SRI R. LAXMIKAN'l H REDDY, AGP FOR HC,I IE Counsel for the Respondent No.4: -- The Court made the following: ORDER 1 THE HONOURABLE SRI JUSTICE N.TUKARAMJI WRIT PETITION No. 74 200 0F 2017 ORD This \)7nt Petition s filed under Article 226 of C-onstirution of India seeking the following reliefls:- 'being "... to issue an appropriate \(rit, Order or Directron, more panicularly one in the narure of Vrit of Mandamus, to declare the inacdon of the respondent police in aking action against the 4th respondent in spite of the complarnt dated l3-3-20U ar:- 30-3'2017 , iliegal, arbitrary and uniust and consequently direcr the .e.po.rd-errt Nos.2 and 3 herein to fonhwith act upon the above said complaints and to take action in accordance with taw, and to grant such other relief or reliefs as dris Honble C-oun deems fit and proper in the circumstances of the case.... ." 2 None appean on behalf of the petitioner.

3. I have heard Mr.Rlaxmikanth Reddy, Ieamed Assistant Govemment Pleader for Home aPPearing for respondent Nos. 1to 3.

4. Learned counsel for the petitioner submits that, pursuant to the representations dated 13.03.2017 and 30'03.2017, the police failed to register a Crime/FIR Corsequently, counsel prays for the 2 issuance of an appropriate direction to the superin -, ndent of porice or the officer concemed to ensure registration of th : case. 5 Learned fusistant Govemment Pleader for Home submits that filing of writ petition seeking a direction to rrgister a case, is not maintainable as per the settled lega.l position.

6. I have pensed the materials on record.

7. The essence of the petitioner's gdevan,: r is that the concemed police authorities failed to register a case based on their representations dated 13.032017 and :O.O:.ZO12. C: nsequently, the petitioner seels a direction from this Court under Article 226 of the C-onstitution of India to compel the police to re? srer a crime.

8. In this regard, the Hon'ble Supreme C-oun ir Sakii Vasa u. State of U.P. dr Otberc, AIP. 2008 SC 907, has laid c[, ,wn that a writ petition under Ardcle 226 's ordinarily not maintar able when the grievance pertains to rhe non-registration of an Irll! inasmuch as the Code of Criminal Procedure (CrPq provides :,:, adequate and efficacioru remedy. Following this principle, :us Court, -,1rlf-f '::*:saqr "lv, ,/, 3 l I i I I I I j I Gouind Rajn Sami u. Sta/e of Te/angana, 2019 SCC Online TS 3491, reiterated that a petitioner mr.st exhaust the statutory remedies available under the Cr.P.C (now replaced by the Bharatiya Nagarik Suralsha Sanhita, 2023, wherever applicable) before invoking the writ jurisdiction of the F[gh C-ourt.

9. This legal position has been further reinforced by a three-judge Bench of the Hon'bie Supreme Court in M. Subrananiam u. 5'. Janaki dz Others., AIR 2020 SC 387, wherein it was clarified that the appropriate remedy in such cases is to approach the Magistrate under the procedure contemplated in law, rather than directly invoking the writ jurudiction.

10. In view of the semled legal position, the relief sought by the petitioner under Article 226 of the C.onstitution of India cannot be entertained, panicuiarly in the absence of any exceptional extraordinary circumstances demorstrated in the writ petition. The scheme of law provides adequate and efficacious remedies before the competent Magistrate, which the petitioner is at liberty to 4 pursue in accordance with law, should the cause of action still subsist. 1i. Accordingiy, the writ petition $ disrr ssed as not maintainable. There shall be no order as ro cosrs. Miscellaneous Petirions, pending if any, shall :; and closed. .BHAVANI SWAMY TANT REGISTRAR sd'. ( Aqr; $ i \. \ '/ s\crror.r oFFrcER //TRUE COPY// To,

1. One CC to SRl. T. ARUNACHALATV, Advocate [OPUC] 2. Two CCs to GP FOR HOIvIE ,High Court for the Stale rr Telangana at 3. Two CD Copies Hyderabad [OUT] B I\,4 PMK w HIGH COURT DATED:01 10912025 ORDER WP.No.14200 of 2017 ,.

1., jr) '; i.:) "l/ l' -- 1--: ::-.-,.-, i r L .: r... ...r., u--. '," 'i,.llt\- r\ t:i &t _, i DISMISSING THE WRIT PETITION WITI.IOUT COSTS G.+% w 4Tf,ar