Back
2016 Supreme(AP) 532
IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH
RAMESH RANGANATHAN, A. SHANKAR NARAYANA, JJ.
K. Veera Raghava Reddy – Appellant
Versus
State of Telangana rep., by its Principal Secretary, Department of Home, Telangana Secretariat & Others – Respondents
W.P. (SR) No. 187755 of 2016
Decided On : 04-11-2016
For the Petitioner: K. Veera Raghava Reddy, In person.
For the Respondents: G.P. for Home (TG).
Headnote:
Constitution of India - Articles 226, 211, 121, 129, 215, 124(4), 124 (5) and 218 - Criminal Law - Indian Penal Code - Sections 166, 167, 217, 218, 219 read with Section 34 and 77 - Compulsory Education Act, 2009 - Sections 17, 16, - Criminal Procedure Code - Sections 154,197 - Judges Protection Act - Section 3,12 and 3 - Petition is listed before us today under the caption for Orders of Court on the objection of the Registry regarding maintainability of the Writ Petition - The relief sought for in this Writ Petition is to declare the action of the Station House Officer police station in not registering the case on the petitioner’s complaint dated against respondents for offences allegedly committed by them under Sections read with Section IPC Section of the Right of Children to Free and Compulsory Education Act - Petitioner - party-in-person, it is necessary to note certain facts, albeit in brief - Petitioner herein filed W.P. on behalf of his daughter to declare the action of the Secretary and Principal Jubilee Hills Public School in not releasing the progress reports of his child who studied 2nd class during the academic year and in not promoting her to the class stating that the complaint lodged against them by the petitioner before the Station House Officer Jubilee Hills police station on be withdrawn as arbitrary and illegal - Petitioner herein sought an interim order that the Secretary and Principal Jubilee Hills Public School be directed to release the progress reports of his daughter who studied 2nd class during the academic year and to allow her into the 3rd class due to commence from onwards - Objection to release the progress reports of the child in so far as her 2nd class performance was concerned and to permit her to take re-test if necessary no steps would be taken to expel the student or pressurise the parents to remove her from the school and depending upon the reexamination result if any the school would promote the child to the 3rd class in the next academic year - Affidavit filed on behalf of the Jubilee Hills Public School observed that the Writ Petition was still pending keeping in view the averments made in the counter-affidavit and the nature of the order challenged in the appeal they found no reason to interfere with the same in their opinion the order impugned in the appeal was not adverse to the petitioner - Respondents to had thereby committed offences under the Indian Penal Code and Section of the Act the petitioner claims to have submitted a complaint to the Commissioner of Police Hyderabad and to the Station House Officer police station against respondents - It is his grievance in the present Petition - Judges are on the rise and such proceedings appear to be instituted only to brow-beat the Judge and prevent him from discharging his judicial functions without fear or favour it is necessary to thwart such attempts to intimidate the Institution of the Judiciary and prevent the portals of this Court from being abused by unscrupulous litigants - We reiterate that while no civil or criminal action can be instituted against a Judge of the High Court for his judicial acts, no compliant, under Section can also be registered against him even for matters unconnected with his judicial duties save with the sanction of the President of India who is required to consult the Chief Justice of India before according any such sanction - Judicial orders passed by respondents are contrary to law the remedy available to him was only to question the order of the Division Bench in dated by way of an appeal to the Supreme Court - It was neither open to him to institute criminal proceedings against Judges of the High Court for what he claims are orders passed by them contrary to statutory provisions nor to invoke the extra-ordinary jurisdiction of this Court, under Article of the Constitution of India questioning the failure of police officials to register his complaint against them under Section Writ Petition as filed is not maintainable, it is wholly misconceived and is an abuse of the process of Court - Objection of the Registry to the maintainability of the Writ Petition is upheld - Dismiss the Writ Petition with exemplary costs which the petitioner shall pay to the High Court Legal Services Committee - Ordered Accordingly.
Ramesh Ranganathan, J.
1. This Writ Petition is listed before us today, under the caption “for Orders of Court”, on the objection of the Registry regarding maintainability of the Writ Petition. The relief sought for in this Writ Petition is to declare the action of the Station House Officer, Charminar police station in not registering the case, on the petitioner’s complaint dated 03.10.2016, against respondents 5, 6 and 7 for offences allegedly committed by them under Sections 166, 167, 217, 218, 219 read with Section 34 IPC, Section 17 of the Right of Children to Free and Compulsory Education Act, 2009, (“2009 Act” for short), and for passing orders in W.P. No.17259 of 2015 dated 19.11.2015 and W.A. No.1074 of 2015 dated 19.01.2016 contrary to Section 16 of the 2009 Act, as arbitrary and illegal.
2. Before we consider the submissions urged by the petitioner - party-in-person, it is necessary to note certain facts, albeit in brief. The petitioner herein filed W.P. No.17259 of 2015, on behalf of his daughter, to declare the action of the Secretary and Principal, Jubilee Hills Public School, in not releasing the progress reports of his child who studied 2nd class during the academic year 2014-15, and in not promoting her to the 3rd class stating that the complaint lodged against them by the petitioner, before the Station House Officer, Jubilee Hills police station on 26.03.2015, be withdrawn, as arbitrary and illegal. The petitioner herein sought an interim order that the Secretary and Principal, Jubilee Hills Public School be directed to release the progress reports of his daughter who studied 2nd class during the academic year 2014-15, and to allow her into the 3rd class due to commence from 15.06.2015 onwards. In the order, in W.P. No.17259 of 2015 dated 19.11.2015 a learned Single Judge of this Court (5th respondent herein) recorded the submission of the Learned Counsel, appearing on behalf of the school, that the school had no objection to release the progress reports of the child in so far as her 2nd class performance was concerned, and to permit her to take re-test, if necessary; no steps would be taken to expel the student or pressurise the parents to remove her from the school; and depending upon the reexamination result, if any, the school would promote the child to the 3rd class in the next academic year.
3. Aggrieved thereby the petitioner herein filed W.A. No.1074 of 2015 on behalf of his daughter, and a Division bench of this Court, (consisting of respondents 6 and 7), after extracting the relevant contents of the counter-affidavit filed on behalf of the Jubilee Hills Public School, observed that the Writ Petition was still pending; keeping in view the averments made in the counter-affidavit, and the nature of the order challenged in the appeal, they found no reason to interfere with the same; and, in their opinion, the order impugned in the appeal was not adverse to the petitioner. The appeal was, accordingly, dismissed.
4. Contending that the aforesaid orders were contrary to Section 16 of the 2009 Act, and respondents 5 to 7 had thereby committed offences under the Indian Penal Code and Section 17 of the 2009 Act, the petitioner claims to have submitted a complaint to the Commissioner of Police, Hyderabad, and to the Station House Officer, Charminar police station on 03.10.2016 against respondents 5 to 7. It is his grievance, in the present Writ Petition, that the said complaint was not registered under Section 154 Cr.P.C. He seeks a direction to the Station House Officer, Charminar police station to register an FIR under Section 154 Cr.P.C, against respondents 5 to 7, based on his complaint dated 03.10.2016.
5. As noted hereinabove, the order passed in W.P. No.17259 of 2015 is an interlocutory order, and the said Writ Petition is still pending on the file of this Court. W.A. No.1074 of 2015, filed before the Division bench, was against the interlocutory order in W.P. No.17259 of 2015 dated 19.11.2015. The
