ORDER:

This Writ Petition for a mandamus is filed to give a direction to the Station House Officer of II Town Police Station, Madanapalle, to take cognizance of the report lodged by the petitioner on 21.03.2022 and to register an F.I.R. or Zero F.I.R. against the persons named therein for the offences punishable under Sections

420, 406, 506 r/w.34 of IPC.

2) Concise statement of facts, as pleaded in the writ petition, relevant to dispose of this Writ Petition may be stated as follows:

(a) The petitioner has admitted his son by name K.V. Rohith in UG Medical Course in BGS Global Institute of Medical Sciences, Bangalore, affiliated to Rajiv Gandhi University of Health Sciences, under the management quota. His son appeared for the first phase examinations held in the month of June, 2018 and he flunked in three subjects. He has appeared for supplementary examinations held in the month of September, 2018 and he again flunked in two subjects. When his son met one of the students of the college by name Preetham, who is the son of the Principal of the Institute, he advised him to contact Dr.Thej M. Jagdish. Accordingly, he met Dr.Thej M. Jagdish and he informed the son of the petitioner that the students, who are admitted in the college under management quota, have to pay additional amount of money to be successful in the examinations and he introduced a person by name Prasanna Kumar to the son of the petitioner.

(b) The petitioner has paid Rs.3.00 Lakhs as per their demand. But, his son did not pass the examinations. Thereafter, his son again appeared for the examinations in June, 2019 without making any additional payment as demanded by Mr.Sandeep Pacchu and Mr.Prasanna Kumar over phone. So, the son of the petitioner fell unconscious due to tension on 15.07.2019. It is stated that though a sum of Rs.12.00 lakhs in total was paid, that the son of the petitioner did not pass in the examinations.

(c) So, complaining against the persons responsible for collection of money from the petitioner in Bangalore of Karnataka State to help his son to pass in the examinations, the petitioner has lodged a report dated 21.03.2022 with the Station House Officer of II Town Police Station, Madanapalle, where he is residing, in the State of Andhra Pradesh. It is alleged that the said report was not received by the Station House Officer of the said Police Station. Therefore, the petitioner has sent the said report to the Superintendent of Police through registered post. It is stated that, yet, no action is taken on the report lodged by the petitioner.

Therefore, the instant Writ Petition has been filed to direct the Station House officer of II Town Police Station, Madanapalle, to register F.I.R. on the basis of the report, dated 21.03.2022, lodged by the petitioner or to register a Zero F.I.R. and then to transfer the said Zero F.I.R. to the concerned Police Station in the State of Karnataka for investigation and to file a final report in the Court.

3) Respondent No.4 Station House Officer of II Town Police Station, Madanapalle, filed counter-affidavit stating that as the grievance of the writ petitioner is relating to non-registration of the F.I.R. on the report lodged by him on 21.03.2022 relating to the incidents alleged to have taken place in the State of Karnataka, that the Writ Petition seeking direction to police to register F.I.R. is not maintainable in view of the settled legal position as held by the Apex Court in Sakiri Vasu v. State of U.P.1, reiterated in the case of Sudhir Bhaskarrao Tambe v. Hemant Yashwant Dhage2. It is pleaded that this Court also held in Chegireddy Venkata Reddy v. The Govt. of A.P.3 that Writ Petition seeking mandamus for registration of F.I.R. is not maintainable as there is efficacious alternative remedy available to the aggrieved person under the

1 (2008) 2 SCC 409 2 (2016) 6 SCC 277

3 Common order, dated 30.07.2020, passed in W.P.No.8384 of 2020 & Batch. (APHC)

provisions of the Code of Criminal Procedure. Therefore, it is