Point of Law :
Once information given to the police discloses commission of cognizable offence, they must register the crime. However, Supreme Court also carved out exception to this mandate in certain matters

P. Naveen Rao, J.

In these writ petitions grievance of petitioners is against Police not registering crime in spite of mandate of the statute and the law declared by Supreme Court and also tardy progress in investigation into the crime, in arresting the accused and in filing charge sheet. Petitioners directly invoked the jurisdiction of this Court under Article 226 of the Constitution of India without availing statutorily engrafted redressel mechanism on the aspect of not registering crime even though what is alleged is a cognizable offence and/or not investigating into crime already registered.

2. The Writ Petitions can be divided into two categories:

(1) In first category of cases grievance of petitioners is against not registering crime on a complaint made by the petitioners though crime alleged is cognizable. They are: WP Nos. 38397, 44752, and 47958 of 2018; WP Nos. 485, 545, 955, 1094, 1334, 1527, 1535, 1570, 1802, 1844, 1911, 2013, 2037, 2086, 2162, 2184, 2185, 2398, 2460, 2583, 2605, 2614, 2720, 2830, 3053, 3128, 3201 and 3081 of 2019.

(2) In second category of cases petitioners allege delay in investigation, arrest of accused, and filing of charge-sheet as the case may be. They are : W.P.Nos. 47845 and 47952 of 2018; 1174, 1332, 1373, 1378, 1647, 1723, 1817, 1874, 1924, 2003, 2021 and 3136 of 2019.

3. As these issues are more frequently agitated in the writ petitions, I have heard learned counsel extensively. Learned counsel representing respective petitioners made elaborate submissions spread over various days. Learned Government Pleader for Home also made elaborate submissions.

4. It was the contention of learned counsel Sri A.Raja Sekher, as held by the Supreme Court in Lalita Kumari Vs. Govt Of UP, (2014) 2 SCC 1 once cognizable offence is made out in the complaint filed by the complainant, it is mandatory for the Police to register the crime and investigate. Right to life is sacrosanct. If this right is affected in any manner and crime is committed by a person, it is the sacred duty of police to register the crime and investigate. On their failure in performing statutory duties, to enforce his right, the complainant is entitled to invoke jurisdiction of this Court under Article 226 of the Constitution of India and the party need not be compelled to avail alternative remedy. In support of his contention, he placed reliance on the decision of Supreme Court in State of West Bengal others v. Committee for Protection of Democratic Rights, West Bengal and others, (2010) 3 SCC 571.

5. Learned counsel Sri Madan Mohan Rao contended that in view of law laid down by the Supreme Court in Lalita Kumari, it is mandatory to register a crime when cognizable offence is reported and investigate the crime with promptitude. Any delay in investigation would inure to the benefit of accused and would violate the right of victim to get justice against heinous crime. Thus, whenever there is delay, an aggrieved person can invoke the jurisdiction of this Court to bring to the notice of this Court grave illegality committed by statutory authority and to seek mandamus to such authority to act as per law. He would further submit that until a final report is filed aggrieved person has no remedy under the Code of Criminal Procedure and, therefore, the only remedy available is under Article 226 of the Constitution of India.

6. Learned counsel Sri Chakravarthi would submit that as fundamental rights of the petitioners are affected, the writ petition is maintainable.

7. Learned counsel Sri Venu Madhav would submit that merely because alternative remedy under the statute is not availed is not a bar to institute the writ petition more so, when police failed to act as per law.

8. Learned counsel appearing for petitioners in unison would submit that if police refuse to register a crime when cognizable offence is reported and failed to investigate the crime, it affects their right to get justice from victim and same being inalienable, writ petitions ar