AND v. 5. Kuncham Krishna

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 directing the respondents 1 to 4 (a) to register the Crime against the Sth respondent and take up investigation under appropriate penal provisions of law on the complaint dated 18.09.2017 lodged by the petitioner and file charge sheet by subjecting the culprits to arrest and judicial remand (b) not to interfere with the civil disputes and insist the petitioner and her husbancl to heed to the terms of Sth respondent and pay the alleged amount in any manner. 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 pieased to direct the 4th responrient to register crime on the comptaint dated 18.09.2017 submitted by the petitionerr and complete the investigation therein by subjecting the accused to the process of arrest and remand for the offences, without interfering with the civildisputesinanymanner,pendingdisposalofmainWritPetition. counsel for the Petitioner: sRl slvA SANKARA RAo BORRA (NoT PRESENT) Counsel for the Respondents No.i to 4: AGp FOR HOME Counset for thei Respondent No.S: - The Court made the following: ORDER n THE HONOURABLE SRI JUSTICE N.TUKARAMJI ORDER: This ruflritPetition is fiIed with the following relief: :::i . a:-':i.. \ ': -,> .....to issub a wtig otder br dircction more particularly one in WRIT OF MANDA,MUS directing the respondents 1 to 4 (a) to regist6r the Crime against the 56 rcspondent and ake 1O invgstig-a9:"^^":!:: appropriate f,enat provisions of law on the complain' d"tl 18'09'2017' fiEed by the petidoner and file charge sheet by slbigctin-g.$e. culprits to *i iudi'cial remand (b) not to irrterfcre with the civil disputes and "oJ., insist the petitioner and her irusband to heed to the terms of 5e respondeot and pay the dleged amount it *y flraflner. (c) and pass"" ''l _the nature of I

2. None appears on behalf of the petitioner'

3. Heard learned Assistant Government Pleader for Home appearing for respondent Nos. 1 to 4-

4. The learned Assistant Govemment Pleader for Home submits that the grievance of tire petitioner perains to the non- registation of a crime based on his f,ePresenation dated'

15.09.2077. It is contended that if the petitioner was aggrieved by such inaction, the pfoPer coufse was to avai himself of the femedies expressly provided under the code of cfiminal Procedur e, 7973 ('Cr.P.C.',). Therefore, the filing of the present writ petition is not -rirt^inrUle, as per the settled legal position' 2 He further submits that the respondent porice have . never by .the p.,i.i*." *a that such aflegations are unfounded and devoid of merit Hence, dismissal cf the writ petition is prayed for. 6' The principar contention of the petitioner rerates to the failure of the porice to register a crime ofl the basis of his represenration dated 19.09.2017. rt is, however, welr semled that when an aggrieved person comprains of inaction on the part of the police in registe nng a case, the proper and efficacious remedy lies in pursuing the procedure prescribed under the code of criminal N4gaflk Suraksha ^r" Sanhita, 2023 @Nss). unless and unt, such statutory remedies exhausted, invocation of the exftao dtnaryjurisdiction of this Court under Articre, 226 of the constitution of India is not maintainabre, except in excr:ptional or extraordinary circumstances 7' This court,in Gouind xaju sami u. state ofretangona,2,lg scc . online Ts 34gr, by pracing reriance on the authorifdtfrt 3 C'' pfonouncement of the Hon'ble Supremp Court n Sakii Vasu a' State of tJ.P. and OtbersrAlR 2008 SC 907, held that fecoufse to writ jurisdiction under Article 226 \irhout fust availing the effective alternative remedies provided under the Cr.P.C./BNSS is'tegally ..;.. , .,'.,j : .l impermissible. This prin.ipt" has subsequently been re1tef4te4,,,od affirmed by a Three-Judge Bench of the Flon'ble Supfeme Court in M. Suhrananiam a. .t Janaki, AIR 2O2O SC 387. Thus, the contention of the petitionet regarding the regrstration of the cfime, '., in the absence of any exceptional circumstance, is held to be not \ maintainable. \ \

8. However, considedng the submission that the respondent police are allegedly interfering in matters of a purely civil nature, it is deemed appropriate to direct the respondent police authorities to rcfuain from interfering in any disputes that are civil in nafufe -l--- ^-- t: between the petitioner and pdvate parties. In the event tha;t any investigation is warranted under law, the same shall be undertaken strictly in accordance with the procedure prescribed under the Cr.P.C./BNSS and other applicable legal provisions' 4 {l g. srith the above observations and directions, this writ peqition is partly allowed. In regard to registration of crime, the petitioner is, at liberty to avail appropdate remedies as available under law before the competent forum, if the cause still survives. There shall,be no order as tr) costs. Mis,:ellaneous Petitions, pending if any, shall stand closed, SD/. M.JAWAHAR REDDY ,/TRUE COPY/ To

1. The Principal Secretary -to Govemment,. Telangana,'secreta riat, Saifabad, Hyderabad. OFFICER State of

2. The Superintendent of Police, Bhddr:adri Kothagudem District at Kothagudem. 3. The Deputy Superintendent of Police, Kothagudem, Bhadradri.:Kothagudem District - 4. The Station House Officer, Aswaraopet Police Station,, Aswaraopet village and Merndal, Bhadradri Kothagudem District. : :

6. Two C:Cs to GP for Home, High Court for the State of Telangana at Hyderabad. [OUTI

7. Two CD CoPies MP GJP J@ / / HIGH.COURT DATED:06/1 , lHE S '( 1 6 r[8' 2026 * * T'' WP.No.36934 of 2017 PARTLY ALLOWING THE WRIT PETITION WITHOUT COSTS (s ./4 2-4