B. The Hon'ble Apex Court in the Hon'ble Supreme Court of lndia in Sakiri v. State of tJ-P' Ofhers

4- The Station House Officer, thoodan Pochamapally Police Station, Bhoodan 5. Mr. Prabhakar, S/o. and age not known to the Petitioner, Constable, Bhoodan Pochamapally, Yadadri -Bhongir District. Pochampally P.S., Yadadri Bhongir District.

6. Cheripally Chandraiah, S/o. and age no[ known to the Petitioner, r/o. Main 7. Mr. Bandari Chandraiah, S/o, and age not known to the Petr., r/o. Bhoodan Road. Bhoodan Pochampally, Yadadri - Bhongir District Pochampally, Yadadri Bhongir Dist. ...RESPONDENTS 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 issue an appropriate writ, order or direction, more in the nature of Mandamus, declaring the action of the respondents 2 to 4 herein in not taking any action in pursuanee tai ttle Complaint lodged by the petitioner on 01 .07.2017 with them against the 5th respondent who has cheated the petitioner for his illegal enrichment whi{e ruining the life of the petitioner and not even registering an FIR or causing any enquiries in terms of the Judgment of the Honourable Apex Cou(, as being illegal, arbitrary and consequently direct the respondent to take action on the complaint lodged by the petitioner on 01-O7.2017 and to register and FIR l.A. NO: 1OF 2017(WPM P. NO: 38146 OF 2017) Petition under Section 15I CpC praying that in ttr circumstances stated in the affidavit filed in support of the petition, the High : r)urt may be pleased to direct the respondenls to take action on the represenr. ion/compraint submitti:d by the petitioner on 01 .07.2017 forthwith, pending dis rosal of the above writ petition Counsel for the Petitioner: SRl. M. CHALAPATHI Counsel for the Respondent Nos. 1to4: SRI M. SRlNlVl\ ;, AGp FOR HOME Counsel for the Respondent No.6: SRI ANIL KOMIREDD f REp SRI C. HARI PREI TH Counsel for the Respondent Nos. 5&7: - The Court made the following: ORDER THE HONOURABLE SRI JUSTICE N.TUKARAMJI WRIT PETITION No.30618 OF 2017 ORDER This Writ Petition is filed under Article 226 of Constitution of lndia seeking the following relief: "...to issue an appropriate writ, order or direction, more in the nature of Mandamus, declaring the action of the respondents 2 to 4 herein in not taking any action in pursuance to the complaint lodged by the petitioner on 01 .07.2017 with them against the dh respondent who has cheated the petitioner for his illegal enrichment while ruining the life of the petitioner and not even registering an FIR or causing any enquiries in terms of the Judgment of the Honourable Apex Court, as being illegal, arbitrary and consequently direct the respondent lo take action on the amplaint lodged by the petitioner on 01.07.2017 and to register and FlR, and pass . . .."

2. None appeared for the petitioner.

3. Heard Mr.M.Srinivas, learned Assistant Government Pleader for Home appearing for respondent Nos.1 to 4 and Mr.Anil Komireddy, leamed counsel representing Mr.C.Hari Preeth, learned counsel for the respondent No.6.

4. Learned Assistant Government Pleader for Home submits that the grievance of the petitioner is on the ground of not registering the crime basing on the representation daled 01.07.2017. ln the counter, the respondent police authorities have clarified that the crime No.91 of 2 2017 was registered against the petitioner to avoid arre ,t. ln that crime, the petitioner came up with the allegations against thr: respondents in the representation. However, on detailed enquiry the r;ontents of the petitioner were found false. Therefore, no action has k,r en taken up by the respondent police authorities. lt is further submit ::d that even if there is any grievance, the petitioner ought to har t availed other statutory remedres available under the Code of Crinr nal Procedure, 1973 ("Cr.P.C "), and seeking direction for registratior of crime under Article 226 of the Constitution of India has been t eld to be not maintainable by the Hon'ble Apex Court. Hence, prayerl for dismissal of this petition.

5. Leamed counsel appearing for the unofficial resl cndents would submit that the contention of the petitioner is unfounde j. lt is further submitted that the respondents are no way involved. -- tus, prayed for dismissal.

6. I have perused the materials placed on record

7. The prayer of the petitioner is for a direction to r :gister a crime basing on the petitioner's representation dated 01 ( l.2O1l . The explanation offered by the respondent police authorit t s is indicating that they have acted rarithin their jurisd!ction in regisir ation of crime basing on lhe representation. However, if the petitioner i: still aggrieved, 3 he should have availed efficacious alternative statutory remedies available under the Code of Criminal Procedure' 1973 ("Cr'P'C.'')' B. The Hon'ble Apex Court in the Hon'ble Supreme Court of lndia in Sakiri Vasu v. State of tJ-P' & Ofhers (AlR 20OB SC SO7)1 and in M' Subramaniam v. S. Janaki & Others (AlR 2020 SC 387)2 had held that the petitioner cannot avail a jurisdiction under Article 226 of lhe Constitutionoflndiawithoutexhaustingtheremediesavailableunder Code of Criminal Procedure, 1973 ("Cr'P'C'")' ln the light of the settled legal position and in the absence of any 9. exceptional circumstance, this Court is of the considered view that the prayer of the petitioner for a direction to register a crime is not maintainable.However,reseruingtherightofthepetitionertoavail appropriate remedies available under law' if cause till survives' Accordingly, this Writ Petition is dismissed' There shall be no order as to costs. Miscellaneous Petitions, pending if any' shall stand closed' AtR 2008 sc 907 2 AtR 2o2o sc 397 /iTRUE COPY// To, 1 2 One CC to SRI. M. CHALAPATHI ,Advocate I Two.CCs to GP FOR HOtvlE, High Court for the Hyderabad [OUTI s. oi e-c-C io Snt. c. HARI PREETH, Advocate [OPUC] 4. Two CD CoPies SD/- K.BHAVANI SWAMY SSISTANT REGI SECTION OFFICER U l te of Telangana, at BM GJP /J1- HIGH COURT DATED:14110t2025 ORDER WP.No.30618 of 2017 I i I I ! ..4 :i{o" 11ES '-') .J I r i.!] l{]lti * O+,. * ^Ta DISMISSTNG THE WRIT PETITION WITH OUT COSTS g )-X\l,r