High Court · 2025

6. Thokala Srinivas Redd agriculture, R/o. H no. Uiban Diskict y. S/o. Rajamallareddy Aged 73 years, Occ. 2-11-226 Vrdyaa ranyapu ri, Hanamkonda, Warangal 7 Vallem Suguna, Wo. Mallareddy Aged 68 years, Occ. housewife, R/o. H no. 3-9-2 Reddy Colony, Hanamkonda, Warangal. Urban District

8. Akinepelli Swarnalatha, Wo Balaraju Aged 47 years, Occ. housewife, R/o. H No. 9-59/1 Tatikonda Village, Ghanfur lStn) mandal, Jangaon District ...RESPONDENTS Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Order or Direction more particularly one in the nature of writ of Mandamus, declaring the action of the respondents police in not registering the FIR basing on the complaint dated 15. 10.2024 of lhe petitioner, requesting to take action against the unofficaal respondent No.6 to B, the respohdents police not registering any FIR against the culprits after receipt of the complaint wherein an ad-injunction order is in force passed in OS No. 76012019 dated 25.09.2019 passed by the lAddl. Senior Civil Judge, Warangal is highly illegal, arbitrary and against the principles of natural justice and also violation of apex court rulings held in Lalitha Kumari Vs. Govt. of UP and ors and as well as Cr.P.C and consequently direct the respondents police to register the FIR basing on the complaint of the petitioner dated '15.10.2024 against the unofficial respondent no.6 to 8 in the interest of justice. lA NO: 1 OF 2024 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 respondents police to register the FIR basing on the complaint of the petitioner dated 1 5. 10.2024 to take action against the unofficial respondents 6 to 8 immediately, pending disposal of the main writ petition. Counsel for the Petitioner: SRI AJAY KUMAR MADISETTY Counsel for the Respondent Nos.1 to 5: GP FOR HOME Counsel for the Respondent Nos.6 to 8:-- The Court made the following: ORDER ( I i I t t , t THE HON'BLE SRI JUSTICE T. VINOD KUMAR WRIT PETITION No.28862 of 2o24 ORDER: Heard learned counsel lor the petitioner, learned Government Pleader for Home appearing for the official respondent Nos.1 to 5, and perused the record.

2. Having regard to the manner of disposal of the writ petition and the nature of lis involved, this Court is of the view that notice to unofficial respondents is not necessarli for adjudication of the present Writ Petition

3. The case of the petitioner, in brief, is that though he had approached the respondents-authorities and submitted a representation / complaint, dt. 15.1O.2024, to take action against the unofficiai respondent Nos.6 to B herein, no action has been taken by the authorities by registering a case, which action of the respondents- authorities it is contended as highly illegal, arbitrary and in dereliction of their duties. 4 . Per contra, learned Government Pleader for Home appearing on behalf of responclent Nos.1 to 5 would submit 2 that firstlg, the complaint, which is stated to have been sent by the petitioner on 15. IO.2O24 by registered post, has not been received by the authorities for them to take action thereon, ald secondly, if the petitioner is aggrieved by the inaction of the respondents in registering a crime, petitioner has to avail further remedies provided under Cr.P.C./BNSS as held by this Court in Wp.No.Z159 of 2025 & Batch, dt. 1 0.03.2025.

5. learned Government pleader further submits that the petitioner having filed the present Writ petition on

16.1O.2024, immediately after giving the aforesaid complaint, dt.l5.l}.2o24, cannot allege inaction on the part of thc respondents-authorities.

6. I have taken note of the respective submissions made.

7. Having regard to the submissions made as above and taking note of the fact that the petitioner except claiming to have submitted a complaint, dt. 15. 10.2024, by sending the same through registered post, having not even waited for the aforesaid complaint to be delivered to the respondents_ -! --...--.-----7 3 authorities and also without filing the postal tracking report of the said complaint in proof of delivery, has approached this Court by frling the present Writ Petition on

16.10.2024 alleging inaction on the part of respondents- authorities in registering FIR based on his complaint' B. Further, it is also to be noted that if the petitioner is aggrieved by the inaction of the respondents-authorities, particularly the 5th respondent, in not registering a crime based on his complaint, dt. 15. 1O.2O24, sent by registeied post, the petitioner after expiry of (14) days ought to have taken further action by approaching the Superintendent of Police as mandated under Section 15a(3) of Cr.P.C./173$l of BNSS, and even if the said authority failing to take action thereon, ought to have availed further remedy under Section 156(3) of Cr.P.C. I 175(3) of BNSS. g. The petitioner instead of availing the remedies provided under Cr.P.C./BNSS, has straight away approached this Court by filing the present Writ Petition, immediately on the following day of his complaint, claiming I I respondents-authorities not registering a crime based on l I I t I -- 4 his com plaint, which claim of the petitioner in the considered view of this Court cannot be accepted as a valid

10. Further, this Court in WP.No.7l59 ol 2025, having regard to the law laid down by the Apex Court and the decision of a Coordinate Bench of this Court having held that the a Writ of Mandamus cannot be issued directing the respondents-authorities to register FIR, and that the complainant has to avail further remedies provided under Cr.P.C./BNSS, this Court is of the view that the petitioner has to avail the remedies provided under Cr.p.C./BNSS, and for the said reason, no relief can be granted in the present Writ Petition. I i. Granting liberty to the petitioner to avail remedies provided under Cr.P.C./BNSS, the Writ petition is disposed of. No order as to costs.

12. Consequently, miscellaneous petitions pending, if any, shall stand closed. //TRUE COPY// SD/. N. SRIHARI EPUTY REGISTRAR ISECTION OFFICER t at, The State of To, 1 The Principal Secretary, Home Department Secre Telangana. Hyderabad \

2. The Commissioner of Police, Jangaon, Jangaon District 3. The Assistant Commissioner of Police, Ghanpur (Stn) Police Station, Jangaon

4. The Circle lnspector of Police, Raghunathpally Police Station, Jangaon District District .7 s tt-re station House officer, chilpur Police station, chilpuf, Jangaon District o onl bC to Sti Ajay Kumar Madisetty, -Advocate.[OPU-C] 7 iwo cds to cp foi Home High Couh for the State of Telangana' at 8. Two CD Copies Hyderabad [OUT] TJ SS ?wr, I I I i t. HIGH COURT DATED:1 6tO4t2O2S \ \ ORDER WP.No.28862 of 2024 I ri E. ST4 oi' + ) { \, 2 3 t'lny ZUs 2 o * SPATCHE0 ( { DISPOSING OF THE WRIT PETITION WITHOUT COSTS t : Pp-r^. aols\rt