O R D E R:

This Writ Petition under Article 226 of the Constitution of India is filed for the following relief:

“…to issue an appropriate writ, or order or direction, more particularly, one in the nature of Writ of Mandamus, declaring the inaction on the part of the 3^rd respondent herein in not taking any action against the respondents 4 to 8 herein on the complaint dated 28-06-2019 lodged by him is illegal, arbitrary and unconstitutional being violative of Articles 14, 21 and 300-A of the Constitution of India and also violative of principles of natural justice and consequently direct the respondent No.3 herein to register F.I.R. against the respondents 4 to 8 herein for illegally encroaching into the land of the petitioner admeasuring Ac.5-00 cents in Sy. No. 31/2 situated in Mannegunta Village, Venkatagiri Mandal, SPSR Nellore District without having any right, title or interest in the said property and pass…..

2. Heard Sri K.Srinivas, learned counsel for the petitioner.

3. Learned Additional Government Pleader for Home on written instructions would submit that police conducted preliminary enquiry and found that it is a civil dispute between the petitioner and the unofficial respondents and suit is pending before competent Civil Court.

4. In that view of the matter, police did not interfere in the matter.

5. The Hon’ble Apex Court in the case of M.Subramaniam Vs. S.Janaki and another¹, held that if a person has a grievance that the police station is not registering his FIR under Section 154 CrPC, then he can approach the Superintendent of Police under Section 154(3) CrPC by an application in writing. Even if that does not yield any satisfactory result in the sense that either the FIR is still not registered, or that even after registering it no proper investigation is held, it is open to the aggrieved person to file an application under Section 156(3) CrPC before the learned Magistrate concerned. If such an application under Section 156(3) is filed before the Magistrate, the Magistrate can direct the FIR to be registered and also can direct a proper investigation to be made, in a case where, according to the aggrieved person, no proper investigation was made. The Magistrate can also under the same provision monitor the investigation to ensure a proper investigation.

2020 (16) SCC 728.

6. In that view of the matter, this Court is of the considered opinion that the matter can be disposed of without going into the merits of the case. The petitioner is at liberty to approach the learned Jurisdictional Magistrate for necessary relief by filing a private complaint as per the provisions of the Bharatiya Nagarik Suraksha Sanhita, 2023 and in view of the judgment referred above.

7. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs.

As a sequel thereto, the interlocutory applications, if any, pending in this Writ Petition shall stand closed.

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JUSTICE B.V.L.N. CHAKRAVARTHI

08.01.2025 Pmk THE HONOURABLE SRI JUSTICE B.V.L.N. CHAKRAVARTHI WRIT PETITION NO:9975 of 2019 Date:08.01.2025 Pmk