The High Court · 2025

...RESPONDENTS Petition under Arlicle 226 of the Constitution of lndia praying that in the circumslances 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 5th respondents office in not registering crime against the respondents 6 to I as arbitrary, illegal and in .riclation of Articles '14, 19 and 21 of the Constitution of India. l.A. NO: 1OF 2017(WPMP. NO: 13778OF 20171 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 sth respondent office to register a crime against the respondents 6 to 9 for the offences u/s 365, 385,342,506, 323, 325, 307 and 12O (b) r/w 34 of IPC in the -., interest of justice . Counsel for the Petitioner: SRI K I AHMED Counsel for the Respondent No. 1 to 5: MR R. LAXMIKAN t { REDDY, AGP FOR Counsel for the Respondent No. 6 to g: The Court made the following: ORDER HOME (TG) I THE HONOURABI F' SRT JUSTICE N.TUKAXAMJI WR PETITION No.1l 095 0F 2077 OR ER: This Vrit Petition is filed under Article 226 of Constitution of India seeking the following reliefls:- "... to issue a wrig order or direcrion more paniculariy one in rhe nature of writ of Mandamus, declaring the action- of the 5th respondents office in not registering crime against the respondens 6 to 9 as arbirrary, illegal and in violation of Anicles 14, 7i atd 2t of the Constirudon of India..... ." 2 None appean on behalf of the petitioner.

3. I have heard Mr.Rlaxmikanth Reddy, leamed Assistant Govemment Pleader for Flome appearing for respondent Nos. 1to5.

4. Leamed counsel for the petitioner submits that, pursuant ro the representation dated 24.03.2017, the police failed to regisrer a Crime/FIR Consequently, counsel prap for the issuance of an appropriate direction to the Superintendent of police or the officer concemed to ensure registration of the case. 2 \

5. kamed fusistant Govemment Pleader for l- ome submits that filing of writ petition seeking a direction ro regir ;ter a case, is not maintainable as per the settled legal position.

6. I have perused the materials on record.

7. The essence of the petitioner's grievance is that the concemed police authorities failed to register a case r ued on their representation dated 24.03.2017. Consequently, the p: itioner seels a direction from this Coun under Article 226 of the Ci nstirution of India to compel the poJice to register a crime.

8. In this regard, the Flon'ble Supreme Court in .\ *in Vasu u. State 0f U.P. di Otherc., AIR 2008 5C907, has laid dor,, r that a writ petition nnder Article 226 s ordnatily not maintainat le when the grievance peftains to rhe non-registration of an FIR, nasmuch as the Code of Criminal Procedure (C"Pg provides an r lequate and efficacious remedy. Following this principle, thi; Courr, in Couind Rala Sani r. State of Telangana,2019 SCC Onh e TS 3491, reiterated that a petitioner musr exhaust the statuto y remedies 3 available under the G.P.C (now replaced by the Bharatiya Nagarik Suralsha Sanhita 2023, wherever applicable) before invoking the writ jurisdiction of the F[gh Coun.

9. This legal position has been funher reinforced by three-judge Bench of the Hon'ble Supreme Court a I M. Subramaniam u. S. Janaki dz Otbers, AIR 2020 SC 382, wherein it was clarified that the appropriate remedy in such cases is to approach the Magistrate under the procedure contemplated in law, rather than dtectlyinvoking the writ jurisdicdon.

10. In view of the senled legal position, the relief sought by the petitioner under Article 226 of the C-orstitution of India cannot be entertained, particularly in the absence of any exceptional or extraordinary circumsrances demonstrated in the writ petition. The scheme of law provides adequate and efficacious remedies before the competent Magistrate, which the petitioner is at liberry to pursue in accordance with law, should the cause of action still subsist. 4 .:n''-I \ \ - ll. Accordingly, the writ petition is dismissed. fl ere shall be no order as to costs. Miscellaneous Petitiors, pending if any, shall ,; and closed. Sd/-S.IV ALLIKARJUNA RAO ASIi STANT REGISTRAB; - t t ---- .. -*'-"' //TRUE COPY// YSECTION OFFICER To,

1. One CC to SRl. K I AHIUED Advocate [OPUC] 2. Two CCs to GP FOR HOME (TG),High Court for the S,l rte of Telangana IOUT]

3. Two CD Copies (fr M NIT PMK HIGH COURT DATED:01 10912025 \ I ORDER WP.No.11095 of 2017 ?-="..::-: .1 -)\' li -) l:-, l;:l 2 2 [Er 266 ( DISMISSING THE WRIT PETITION WITHOUT COSTS (A o \2 1-\ 6