The High Court · 2025

Petition under Article 226 of lhe constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to lssue a writ order or direction, more particularly one in the nature of writ of Mandamus, declaring the action of the 4th'respondent in not registering the crime against the unofficial respondents basing on the report made by the petitioners herein on 19.o2.2017 and also submitted to the 2nd respondent as well as sent through e.mail, as illegal, arbitrary and also oppose to the verdict passed by the Hon'bleApex court and also abuse of power of police consequentially direct the 4th respondent to register a crime basing on the report made by the petitioner dated- 19.02.2017 forthwith by taking suitable action against the accused by following the procedure contemplated under Criminal Law as well as under the verdict passed by the Apex Court, further with a direction to protect the farm i.e. the plant nursery in the land of the petitioner in Sy.No- 168 and 169 abbeting to Kakatiya Public School, Badungpet Village, Sarrornagar Mandal, Ranga Reddy District 1 Petition under Section 151 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 4th respondent to protect the farm i.e. the plant nursery in the land of the petitioner in Sy.No. 168 and 169 abetting to Kakatiya public School, Badungpet Village, Sarrornagar Mandal, Ranga Reddy District forthwith pending disposal of the above writ petition Petition 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 4th respondent to register a crime basing on the report made by the petitioner dated: 19.02.2017 forthwith by taking suitable action against the accused by following the procedure contemplated under Criminal Law as well as under the verdict passed by the Apex Court pending disposal of the above writ petition Counsel for the Petitioner: SRl. V. SAI KUMAR counsel for the Respondent Nos. 1to4: sRl R. LAXMIKANTH REDDY, AGP FOR HOME Counsel for the Respondent Nos. 5to10:-- The Court made the following: ORDER THE HONOURABLE SRI JUSTICE N.TUKARAMJI This Writ Petition is filed under Article 226 of the Constitution of lndia seeking the following relief: ".. .fo issue a. writ order or direction, more particulady one in the nature of wit of Mandamus, dectaing the action of the 4h respondent in not registeing the crime against the unofficial respondents basing on the report made by the petitioners herein on 19.02.2017 and also submitted to the ld respondent as well as sent through e-mail, as illegal, abitrary and also oppose to the verdict passed by the Hon'ble Apex Court and also abuse of power of police consequentially direct the 4k respondent to register a crime basing on the report made by the petitioner dated 19.02.2017 forthwith by taking suitable action against the accused by following the procedure contemplated under Criminal Law as well as under the verdict passed by the Apex Court, fudher with a direction to protect the farm i.e., the plant nursery in the land of the petitioner in Sy. No.168 and 169 abefting to Kakatiya Public School, Badungpet Village, Saroomagar Mandal, Ranga Reddy District, and lo pass such other order or ordegs. . ."

2. None appeared for the petitioner.

3. Mr. R. Laxmikanth Reddy, learned Assistant Government Pleader for Home, appearing for respondent Nos. 1 to 4, submits that the relief sought in the present writ petition-namely, a direction to the police authorities to register a criminal case-is not maintainable under Article 226 of the \ 2 NIR,/ IV.P. No. 67i ) of 2017 Constitution of lndia, in view of the well-setfled legal position laid down by the Hon'ble Supreme Court.

4. I have carefully perused the material placed on record.

5. The grievance of the petitioner, in substance, is that despite having written complaint dated 19.02.2017, the concerned police authorities failed to register a case. Aggrieved by such inaction, the petitioner has invoked the writ jurisdiction of this Court under Article 226 of the Constitution of lndia, seeking a writ of mandamus directing the police authorities to register a crime.

6. The legal position governing matters of this nature is well setfled and no longer res integra. ln Sakrn Vasu v. Sfafe of IJ.P. & Others (AlR 2008 SC 907), the Hon'ble Supreme Court categorically held that when the grievance pertains to the refusal of the police to register a First lnformation Report (FlR), the remedy of approaching the High Court under Article 226 is ordinarily not available. The Court emphasized that the Code of Criminal Procedure, 1973 ("Cr.P.C.") (now Bharatiya Nagarik Suraksha Sanhita, 2023) provides an adequate and efficacious statutory framework to address such grievances.

7. This principle has been consistenfly reaffirmed in subsequent judicial pronouncements. Most notably, in M. Subramaniam v. S. Janaki & Oflrers. J N]R,/ IV.P. N0.675) of 2017 (AlR 2020 SC 387), a Three-Judge Bench of the Hon'ble Supreme Court clarified that the proper course for an aggrieved party is to avail the remedies provided under the Cr.P.C., including approaching the Magistrate under Sections 156(3) or 200 Cr.P.C. ratherthan directly invoking the writ jurisdiction of the High Court.

8. ln light of these settled legal principles, and in the absence of any exceptional or extraordinary circumstances that would warrant intervention by this Court under Article 226, the relief sought by the petitioner cannot be entertained. The statutory scheme provides sufficient and efficacious remedies before the competent Magistrate, and the petitioner is at liberty to pursue such remedies in accordance with law, should his grievance still subsist. L Accordingly, the Writ Petition is dismissed as not maintainable. There shall be no order as to costs Pending miscellaneous applications, if any, shall stand closed. /TRUE COPY/ ANI SWAMY ANT REG N OFFICER To, ,l One CC to SRl. V. SAI KUMAR 2. One CC to SRl. POTTIGARI SRI 3. One CC to SRl. S. R. 4. Two CCs to GP FOR Hyderabad [OUT] BHIKSHAPATHY, HOME ,High Cou

5. Two CD CoPies BM GJP Mt4T loPUcl Advocate IOPUC] rt for the State of Telangana at i I ,l HIGH COURT DATED:2210812025 3 E I I WP.No.6753 of 2017 i HES IA ( oo 0I JAil 2U$ .t t' t -'.1tII.I ::.;; DISMISSING THE WRIT PETITION WITHOUT GOSTS }4s4T 1S l+l,