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B. S. BHANUMATHI
Gazula Venkata Ramana, S/o. G. S. Prakasa Rao – Appellant
Versus
State Of Andhra Pradesh, Rep. by its Principal Secretary, Home Department – Respondent
ORDER :
This writ petition, under Article 226 of the Constitution of India, is filed to issue writ of mandamus declaring the inaction of the respondent police on the petitioner’s complaint, dated 28.07.2022, in initiating action to prosecute the respondents No.4 & 8 to 12 in playing fraud against the petitioner as illegal, arbitrary and violation of principles of natural justice and consequently to direct the respondent/police to prosecute respondents No.4 and 8 to 12.
2. Heard Sri Prasad Babu, the learned counsel representing Sri Md. Saleem Pasha, the learned counsel for the petitioner, the learned Government Pleader for Home appearing for respondents 1 to3 and Sri S. Satyanarayana Moorthy, the learned standing counsel for the respondents No.4 & 10 to 12.
3. The case of the petitioner is briefly as follows:
The writ petitioner herein is a consultant Civil Engineer and Panel Valuer for nationalized banks & NBFCs in Vijayawada. The 10th respondent, the then Deputy Manager, SBI, SME branch, Mangalagiri introduced the 9th respondent and requested to conduct valuation of properties offered by him to obtain credit advances for the 8th respondent firm at various places in and around Gunt
The appropriate remedy for non-registration of FIR is to take recourse under other provisions of the CrPC, not seeking relief under Article 226.
The main legal point established in the judgment is that the High Court cannot issue a direction for registration of an FIR under Article 226 of the Constitution of India, and the aggrieved person sh....
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