O R D E R:

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

“.....to issue a writ order or direction preferably a Writ in the nature of Mandamus declaring the action of the Respondents in not conducting fair and proper investigation in Crime No 424/2017 u/s 337 IPC and 134 (a)(b) of M.V. Act on the file of Badvel Urban Police Station, YSR Kadapa District and filing a false charge sheet before the Court of Hon’ble AddI Junior Civil Judge, Badvel vide C.C.No.81/2018 as illegal, arbitrary, violative of the provisos of Cr.P.C. and set aside the same and consequently direct the Respondents to re-investigate into Crime No.424/2017 u/s 337 IPC and 134 (a)(b) of M.V. Act on the file of Badvel Urban Police Station, YSR Kadapa District, conduct fair and transparent investigation and file an Additional Charge Sheet in the interest of justice and to pass ….”

2. Heard Sri M. Siva Kumar, learned counsel for the petitioner.

3. Learned Assistant Government Pleader for Home, on written instructions would submit that police had already filed report in the year 2018. He would further submit that the matter is purely related to civil case and in that view of the matter, police did not interfere in the matter.

4. The submissions of the learned Government Pleader for Home are placed on record.

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) Cr.P.C. 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) Cr.P.C. before the learned Magistrate concerned. If such an application under Section 156(3) Cr.P.C. 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, 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. In that view of the matter, the Writ Petition is disposed of at the stage of admission without going into the merits of the case.

There shall be no order as to costs.

As a sequel thereto, interlocutory applications, if any, pending in this writ petition shall stand closed.

JUSTICE B.V.L.N.CHAKRAVARTHI

10^th December, 2024 CBN

143 HON’BLE SRI JUSTICE B.V.L.N.CHAKRAVARTHI WRIT PETITION No: 23572 of 2024

10^th December, 2024 CBN