ORDER:

This Writ Petition is filed by the petitioner, under Article 226 of the Constitution of India, seeking the following relief:

“…. to issue a Writ order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction of the Respondents in not registering the FIR on the complaint sent by the petitioner through RPAD dt. 13.06.2024 which was received by the Respondents on 14.06.2024 and not taking action against the persons named in the petition by calling the connected records as per law is illegal irregular arbitrary unjust violative of articles 19, 20 and 21 of the Constitution of India and consequently direct the respondents to register the FIR on the complaint dated 13.06.2024 through RPAD by the petitioner and received by Respondents on 14.06.2024 and pass……”

2. Heard learned counsel for the petitioner and Sri S.Sarath Kumar, learned Assistant Government Pleader for Home.

Perused the record.

3. Learned Assistant Government Pleader representing the State on written instructions would submit that the preliminary enquiry of the police would reveals that the case is of civil in nature and therefore, no FIR was registered.

4. The Hon’ble Apex Court in the case of M.Subramaniam Vs. S.Janaki and another, [2020 (16) SCC 728], held that if a person has a grievance that the police station is not registering his FIR under Section 154 Cr.P.C, then he can approach the Superintendent of Police under Section 153 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 (2008) 2 SCC 409 under Section 156(3) Cr.P.C. CrPC 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.

5. In that view of the matter, the petitioner is at liberty to approach the learned magistrate for necessary relief by filing private complaint.

6. In view of the judgment referred above, the Writ Petition is closed. 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.

______________________________ JUSTICE B.V.L.N. CHAKRAVARTHI

17.10.2024.

VNB THE HONOURABLE SRI JUSTICE B.V.L.N. CHAKRAVARTHI WRIT PETITION No:17697 of 2024 Date: 17.10.2024 VNB