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DHIRAJ SINGH THAKUR, RAVI CHEEMALAPATI
Obilisetty Ganga Raja Kumar – Appellant
Versus
State of A. P. – Respondent
JUDGMENT :
Ravi Cheemalapati, J.
The appellant, who was the original writ petitioner, preferred this writ appeal feeling aggrieved by the orders dated 07.03.2024 passed by the learned single Judge in dismissing the writ petition vide W.P.No.1548 of 2014 filed by him to declare the inaction of the police officials in registering the crime against respondent no.6 despite making complaint disclosing a cognizable offence.
2. The grievance of the appellant, who was the writ petitioner in the writ petition covered under the orders impugned in this writ petition, in nutshell, is that he submitted a written complaint dated 26.09.2012 to the Superintendent of Police, West Godavari District, regarding misappropriation of Trust funds committed by respondent no.6 for his own purpose and as no case was registered and no action was taken by the police officials, he sent reminders and despite the same no crime was registered. Questioning the inaction, he filed the writ petition referred to above.
3. The learned Single Judge, upon considering the material available on record and the submissions made by the learned counsel, dismissed the writ petition holding that the remedy available to the writ petit
The court established that a writ petition is not maintainable when alternate remedies under the CrPC are available for addressing police inaction.
The High Court does not entertain a writ petition to compel FIR registration when alternative remedies under the Criminal Procedure Code are available, reinforcing the requirement for exhaustion of s....
The main legal point established in the judgment is the mandatory registration of FIR under Section 154 of Cr.P.C., the availability of remedies under Section 156(3), and the limitations of invoking ....
The judgment emphasizes the mandatory registration of FIR under Section 154 of Cr.P.C and the need for preliminary inquiry in certain cases, while highlighting the importance of exhausting alternativ....
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