High Court · 2025

L.B.Nagar, Rachakonda pdtice 3. The Deputy commissioner of porice, The Deputy commissioner of porice, 4' The Assistant commissioner of Police, The Assistant Commissioner of police, 5. The lnspector of porice, pS Baraour,. The tnspector of porice, ps Balapur, 6. Mr.Mohd.Sameeuddin, Stolate Mohammed Sharfuddin, Mr.Mohd.sameeuddin, stotate traonlmm.ed shfiL;A'in, 4geo about 4s years, occ Busiaess, R/o. H. N o. 4-6, cnim papet, $r"d;d;;: i#;g""d;libLili.t Balapur, Rachakonda Ringa neOOirUisi'.'Yt Vanasthalipuram, Ranga RedOy Diitrict "'!v,.vvrv'! I 7 8

9. Mr.Mohd.Khareer, s/_o.Late Mohammed Azam, Mr.Mohd.Khareer, Mohammed Azam, Ag99 aoout ?g ieirs,'od ,"'srtin".., Ri/o.H 350122t3a, G.t. Cotonyl Kanchanbagnl Htdlrit;' "-' S/o.Late No.18-1- RESPONDENTS Pelition under Articre 226 praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased may be leased to issue a writ, order or Direction more particurarry one in the nature of "writ of Mandamus" by decraring the action of the officiar Respondent Nos.1 to 5 more patticularly the Respondent No.S in not registering FIR against the Unofficial Respondent Nos.6 to g in pursuance of the petitioner,s wiitten compraint dt.27-12-2017 as arbitrary, discriminatory, highhanded and ex-facie illegal, dereliction of duty and arso vioration of Articre 14 of constitution of rndia as well as against the regar ratio raid down by the Apex court in Laritha Kumari Judgmenr: and consequentry may direct the Respondent No.s to register FrR against the Unofficial Respondent Nos.6 to 9 in pursuance of the petitioner,s written comprainr dt-22-12-2017 with an immediate effect, in the interest of justice. ,oF Petition under section 151 cpc of the constitution of rndia praying that in the circumste nces stated in the affidavit fired therewith, the High court may be pleased :o direct the Respondent No.s to register FrR against the Unofficiar Respondr:nt Nos.6 to g in pursuance of the petitionero3gs written complaint dr.27122017 with an immediate effect, in the interest of justice pending disposar of the-main Writ Petition. Gounsel for the Petitioner : SRI NAZIR AHMED KHAN Counsel for the Respondents No.1to5 : ASST. Gp FOR HOME Counsel for the Respondents No.6tog : The Court made the following: ORDER -- THE HONOURABLE SRI JI'STICE N.TUI{ARAMJI WRIT PETITION No.45242 OF 2O17 ORDER: This Writ Petition is filed with the following relief: "...may be pleased to issue a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus by declaring the action of the official respondent Nos.l to 5 more particularly the respondent No.5 in not registering FIR against the unoffrcial respondent Nos.6 to 9 in pursuance of the petitioners written complaint dt.27 . 12.20 LT as arbitrar5r, discriminator, highhanded and ex-facie illegal, dereliction of duty and also violation of Article 14 of Constitution of India as well as against the legal ration laid down by the Apex Court in Lalitha Kumari Judgment and consequently may direct the respondent NO.S to register FIR against the unofficial respondent Nos.6to 9 in pursuance of the petitioner's complaint dated 27.12.2o-17 with an immediate effect, in the interest of justice pending disposal of the-main Writ Petition and may pass....."

2. None appears on behalf of the petitioner. 3- Heard learned Assistant Government Pleader for Home appearing for respondent Nos. 1 to 5. +. The 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 India, in view of the well-settled legal position laid down by the Honble Supreme Court.

5. I have perused the materials placed on record. 2 q

6. Thr: grievance of the petitioner, in substance, is that despite having uritten complaint dated 27.12.2oL7, the concerned police authorities failed to register a case. Aggrieved by such inaction, the petitioner has invoked the writ jurisdiction of this court under Article 226 of the constitution of India, seeking a writ of mandanrtus directing the police authorities to register a crime.

7. The legal position governing matters of this nature is well settled ernd in sakin vasu u. state of u.P. & otlers (AIR 2008 sc 9071, th,: Honble Supreme Court categorically held that when the grievanc,e pertains to the refusal of the police to register a First lnformation Report (FIR), the remedy of approaching the High court under Article 226 is ordinarily not available. The court emphasized that the code of criminal procedure, 1973 ("cr.p.c.") provider; an adequate and efficacious statutory framework to address such grievances. 8- Ttris principle has been consistently reaffirmed in subsequent judicial pronouncements. Most notabry, in M. subramaniam u. s. Janaki & others (AIR 2020 sc 387), a three- Judge Bench of the Honble supreme court clarified that the proper course for an aggrieved party is to avail the remedies providec under the cr.P.c., including approaching the Magistrate ?? 3 under Sections 156(3) or 2OO Gr.P.C. rather than directly invoking the writ jurisdiction of the High Court- g. In tight of these settled legal principles, and in the absence of any exceptional or extraordinar5r circumstances that would warrant intervention by this Court under Article 226, thle relief sought by the petitioner cannot be entertained. The statutory scheme provides sufficient and eflicacious remedies before the competent Magistrate, and the petitioner is at liberty to pursue such remedies in accordance with law, should his grievance still subsist.

10. Accordingly, the writ petition is dismissed as not maintainable. There shall be no order as to costs- Miscellaneous Petitions, pending if any, shall stand closed. To, //TRUE COPY// SD/. M.NAGAMANI REGISTRAR OFFICER

1. One CC to SRI NAZIR AHMED KHAN, Advocate. 2. Two ccs to GP FoR HOME, High court for the state of relangana at Hyderabad.[OUT]

3. Two CD Copies. BSK TKS 6[,1 l t a HIGH COURT DATED :1411012025 THE S t L) * 1 6 RAf,l 2026 * ORDE.R WP.Nrr.45242 of 2017 DISMISSING THE WRIT PETITION WITHOUT COSTS 049 &