Samina Vaseem v. The State of Telangana

Petition under Article 226 of the Constitution of lndia praying that in the therewith' the High Court may be circumstances stated in in" o-to"t o|. airection more particularly one in the pleased to issue rn nature of WRIT oF MANSAiliJd ;eclaring the action of the respondent No'4 in not registering a crime ;s;i;"t tre cul"prits basing on the complaint dated is illegal' arbitrary' and 12-03-2025 having receiv#tn" contrary to the provision. li gNss and also contrary to the settled principle of law laid down by the constitutionat courts and consequ.ently direct the respondents to ;; th" the petitioner dated 12- register the crime ,g"inrt'ihf o-a"-zois r"ceiveo by-tfre 4th respondenton 17-03-2025 forthwith ""'pr"it't'"i'tz-oz'iozs ""''plianiof "iipiii; 1A NO: 10F 2025 PetitionunderSectionl5lcPcprayingthatinthecircumstancesstatedin the affidavit fileo in suppoiof in" p"tition, t-n" Hign Court may be pleased'to Direct made by the petitioner on in" l".p""O"nt No. 4 to 12-03-2o2s and received irt" iiio complaint by the respondent No 4 on 17-03- the culprits forthwith pending disposal of the Writ petition i;;";;;t the .compliint -i"gittLt Counsel for the petitioner: SRl. PREETHY SWARNALATHA B Counsel for the Respondents: Gp FOR HOME The Court made the following: ORDER l l I t I THE HON'BLE qRI JUSTICE T' VINOD KUM4R W.P.No' 884s of 2o.25 ORDER The grievance of the petitioner in the present Writ Petition is that the respondents-authorities basing on the complaint made by action bY registering the FIR the petitioner are not initiattng therein, which action of the against the Person(s) named respondents it is contended as highly illegal and arbitrary' the Petitioner, the learned 2. Heard learned Counsel lor appearing for the of{icial Government Pleader for Home respondents, and with the consent of the learned counsel appearing for the respective parties' the writ petition is taken up for hearing and disposal at admission stage' Learned counsel appearing on behalf of petitioner and for the official

3. learne d Government Pleader for Home appearlng respondents submit that the issue involved in the Writ Petition is squarely covered by a decision of this Court in WP No'7159 of 2025 & batch, dt. 10.03.2025, and the said common order would apply in all force to the facts of the present case' 4. Recording the same, for reasons alike as were stated in the aforesaid Writ Petition s, uide W P'Nos 7159 of 2025 & batch' 2 dt. 10.03.2025, zrrd in terms thereof, the present V\rrit Petition is also disposed o1'. I\lo order as to costs.

5. Registry is, <lirected Lo append a copy of the older p'rssed in W.P.Nos.7159 of 2025 & batch, dt. 10.03.2025, to this order'.

6. Consequcntly, miscellaneous petitions, if any, pending shall stand closed. /ffRUE COPY// SD/.T.TIRUMALA DEVI DEPUTY REGISTRAR SECTION OFFICER To,

1. The Principal Secretary, Department of Home, Secretariat Build ngs, Hyderabad.

2. fhe Commissioner of Police, Rachakonda Commissionerate Ranga Reddy district

3. The Assistant Commissioner of Police, The Assistant Commissioner of Police, Rachakonda Commissionerate, L.B.Nagar, Ranga Reddy district 4. The Station House officer, Vanasthalipuram P.S. Ranga. Reddy district 5. One CC to SRl. DREETHY SWARNALATHA B Advocate [OPU,3] 6. Two CCs to GP trOR HOME ,High Court for the State of Telangana. [OUT] 7. Two CD Copies KKS LS (Along with the copy of dre order dated 10.03.2025, WP.NO. 7159 OF 2025 AND BATCH) I I I - 1, . rr i' --::F .1

2..-/ :t/- I \ 4:; B .t .ti HIGH COURT DATED:2 5t03t2O2S ORDER WP.No.8845 of 2O2S -.-l E Sr4 16 P, ?0 iiifl 20?i ,lr, !\{\,.?tr.,, , \i-\.-- -d *,, :/ -... DISPOSING OF THE WRIT PETITION WTHOUT COSTS d( TIIE HoN,BLE &r.rusrrcp r. vnroD tg.ff6n 'W.P.Nos. 7L59. 7176. 72OS.7214. and,7329 of2O2S COMMON ORDER Since the grievance of the petitioners in all the writ petitions is one and the same, these writ petitions are being disposed of by this common order.

2. Heard learned Counsel for the petitioners ald the learned Government Pleader for Home appearing for the official respondents and with the consent of the learned counsel appearing fo. tfr. respective parties, these writ petitions are taken up for hearing and disposal at admission stage.

3. Having regard to the nature of lis involved and the marner of disposal, this Court is of the view that notice to unofficial respondents in all these writ petitions is not necessarj. for adjudication of the present Writ Petitions.

4. Shorn of unnecessary details, the case of the petitioners in brief is tJ:at the respondents-authorities are not following the provisions of Section 15a(3) of the Cr.P.C., and Section 174 of tloe Bharatiya Nagarik Suraksha Sanhita (for short tsNSSJ by initiating action to register FIRs against the unolficial respondents, respectively, basing on the complaints made by the petitioners, which action of the respondents it is contended as highly illegal and arbitrarJr. 2

5. Per contrd, iearned dovernment Pleader for Home appearing for official respondents would submit that for no.n I registraticrn of FIR, the petitioners cannot invoke the jurisdiction of this Cortrt under ArticLe 226 of the Constitution of India in view of the decisi,tn of this Court in the case of Gouind Raju Sanni Vs The State of Telangana and. otherst: tJrat in the event of the respondent SHO refusing to register FIR, thr: petitioners have alternate remedies provided under the Code of Cl.imina.l Procedure, 7973 or BNSS to seek re<lressal of their grievance; ald that invoking the jurisdiction of this Court under Article 226 o{ the Constitution of India without exhaur;ting. the alternate remedies is contral/ to tne dicta laid down by th,: Hon'ble Supreme Court in the case of Sakiri Vasu Vs State oJ Uttar Prad,esh2.

6. I have taken note of the respective contentions ur11ed and perused the rec:ord.

7. In simil,ar circumstances, this Court in W.P.No.24495 of 2079, dt.27.O4.2O2O. \V.P.No.8189 and 12691 of 2O2O, dt-31.O1.2024, and, also in W.P.Nc,.37446 of 2022 and W.P.No.38397 of 2O1!r, having regard to th.e law laid down by a three-judge bench of the Supreme Court in M. Subrama.niqm and Ors. 7s. S. Jo,naki and Orss, wherein the dir:ta laid down by the Hon'ble Supreme Court in the case I zolg (4) ALD t14 ' 2oo8 (2) scc 409 ' (2020) 16 scc 728 3 "Jp.4 *." reiterated, of sdrciri gosu,s case(2 a Wit of Mand.amts cannot be issued direCtii-rg the respondents- authorities to register al FlR/crime, even though the complaint frled indicates commission of an offence. goi€fy'held "ut

8. This Courr, in W.p.No.8189 and 12691 of 2O2O, dt.3t.Ot.2024, having regard to the provisions of the Cr.p.C., had hetd that in the event of the Station House Oflicer not registering t1le crime basing on tJ:e complaint made, the complainant has to avail the remedy of approaching the Superintendent of police (for short .SpJ, and in the event of the authorities, be it the SHO or the Sp, refusing to re'ceive the complaint by registering a FIR and undertaking investigation, the complainant has the further remedy of approaching the concerned Magistrate Court by filing a private complaint; and that on the Court beirrg pima facre satisfied of the contents of the complaint disclosing commission of a cogrrizable offence, the Magistrate in exercise of powers conferred under the Cr.P.C./BNSS can direct the olficer_in_ charge of the police station to conduct investigation and subrnit a report. The above stated procedures envisage saJety measures to ensure registration of a complaint, even if the SHO fails to register the FIR.

9. In the facts of the present cases, admittedly, the petitioners herein did not show to this Court of they availing/exhausting the said remedies. 4

10. In r,"iew ,:f the above,\and having regard to the po-sitio'n of Iaw as enunciated by 1-he Apex Court, this Court ip '6f the view that no direction to the respondents-authorities to register an FIll on the basis of the cornplarnts lodged by the petitioners, respectivel ir, can be issued. Howev'er-, in the event of the petitioners being aggriev:d by the inaction of t.be respondents-authorities in not registenng their complaints, it is always open for the petitioners to avail the remedy of filing a private complaint before the concerned Criminal Court.

11. Subject to the above observations, the Writ Petitions are disposed of. l{o order as to costs.

12. As a sequel miscellaneous petitions pending if any shall stald closed. No order as to costs. T. VINOD KUMAR, J 10th March, 2025, ) I jl-1 I..c I \ 'i. $r .t 2 t ilt\q na o t's pi cr tEg * HIGH COURT DATED:0410312025 ORDER WP.No.35619 of 2024 DISPOSING OF THE WRIT PETITION WITHOUT COSTS