Bolla Vani Sree v. The State of Telangana

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 direct the responderrts Nos.1 to 6, to register F.l.R. and file charge sheet against the respondents trlos. 7 to g by providing police protection to the petitioner and her family members, pending disposal of the above writ petition, counset for the Petitioner : sRt MoHD MotNUDDtN (Nor PRESENT) Counselfor the Respondent Nos. 1 to 5: AGp FOR HOME Counsel for the Respondent Nos. 6 to 8 : ----- The Court macle the following: ORDER (' 9BDEE: THE HONOURABLE SRIJUSTICE N. TUKARAMJI WRIT PETITION No.42871 of 2017 This Writ Petition is filed with the following relief: "...fo issue a writ, order or direction, more pafticularly one in the nature of Wit of Mandamus, declaring tne inaction of the respondents No-l to 6 in not registering F.I.R and filing charge sheet against the respondenls No7 to 9 and futther not providing protection to the petitioner and her family members despite repe.ated 'representations in oral and witing, as illegal arbitrary and violative of the articles of constitution of lndia and consequently direct the respondenfs No'l to 6, to register F.l.R. and fite charge sheef against the reipondents No-7 to 9 by providing police protection to the petitioner and herfamily members and to pass..."" 2 None appears on behalf of the petitioner.

3. Heard leamed Assistant Government Pleader for Home appearing for respondent Nos.1 to 5.

4. Learned Assistant Government Pleader for Home submits that the relief sought in the present writ petition, namely, a direction to the police authorities to register a criminal case, is not maintainable under Article 226 of the Constitution of lndia, in view of the wetl-seftled legal principles enunciated by the Hon'bte supreme court of lndia.

5. I have perused the material placed on record.

6. The grievance of the petitioner, in essence, is that despite submission of a written complaint dated 08.08.2017, the concerned police authorities failed to register a First lnformation Report (FlR)' The ') \ legal position governing such matters is well seftled and in Sakm Vasu y. Sfate of u.P. & Otfiers, AIR 2008 SC 907, the Hon'ble Supreme Court categorically held that where a person's grievance relates to the refusal c.r failure of the police to register a First lnformation Report, the proper course is not to invoke the writ jurisdiction of the High Court under Article 226, but to pursue the remedies expressly provided under the Code of Ciminal Procedure, 1973. The Court emphasized that the Cr.P.C. provides a complete and efficacious mechanism for redressal of such grievances and cautioned that the extraordinary jurisdicti,rn of the High Court under Adicle 226 or Secfibn 482 Cr.P.C. should not be invoked when adequate statutory remedies exist and have no1: been exhausted. 7 . Ttre above principle has been consistently reaffirmed in subsequent decisions of the Hon'ble Supreme Court. Most notably, in M. Subramaniam v. S. Janaki & Ofhers, AIR 2O2O SC 387, a three- Judge Bench reiterated that in cases of alleged police inaction, the aggrieved person must first avail the statutory remedies provided under the Cr.P.C., and direc{ly invoking the writ jurisdiction of the High Court is impermissible, except in rare and exceptional circumstances.

8. ln view of the settled legal position and in the absence of any excepticnal or e Court isr of the xtraordinary circumstances in the present case, this considered opinion that the relief sought $y the 1 J petitioner under Article 226 of the constitution of lndia cannot be entertained. Accordingly, this Writ Petition is dismissed as not maintainable' 9 However the rights of the petitioner are reserved to avail appropriate remedy available under taw, if the cause still subsists. There shall be no order as to costs. Miscellaneous Petitions, pending if any, shall stand closed. SD/. ENIVASA //TRUE COPY/ N OFFICER To,

1. One CC to SRI MOHD MOINUDDIN' Advocate [OP 2. Two ccs to Gp FOR, HOME, High court for the state of Telangana. [oUT] 3. Two CD CoPies PVL GJP ffi, HIGH COURT DATED:'l 311012025 I ( oR lHE S T4 0 5 ri8 ?it2[ = * * P..rr41.f-P ORDER WP.No.42871 ot 2017 DISMISSING THE WRIT PETITION AS NOT fi.,IAINTAINABLE WITHOUT COSTS U\", d/ 6"