SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Article Pause Article
judgment-img

2025 Supreme(Online)(Tel) 14440

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
T. VINOD KUMAR, J
M. Nagaraj – Appellant
Versus
State of Telangana – Respondent
Writ Petition No.18105 of 2025



Advocates:
For the Appellants/Petitioners: learned counsel
For the Respondents: learned Government Pleader for Home

Petitioners must seek remedies under BNSS for non-registration of crimes.

Headnote:The present Writ Petition concerns the failure of the respondent authorities to register a crime based on the petitioner’s complaint dated 20-04-2025, despite the complaint disclosing a cognizable offence. The court upheld the argument that the petitioners must pursue remedies under the Bharatiya Nagarik Suraksha Sanhita, 2023, thus dismissing the petition. The final ruling indicated granting liberty to the petitioners to avail the remedies under BNSS.

Table of Content
1. court's dismissal based on legal provisions (Para 1 , 7 , 8)
2. failure to register cognizable offence (Para 2 , 3)
3. need for remedies under bnss (Para 4 , 5 , 6)
4. final ruling and closure of the case (Para 9 , 10)

O R D E R

Heard learned counsel for the petitioners appearing through online and learned Government Pleader for Home appearing on behalf of respondent Nos.1 to 4, and perused the record. With the consent of the learned counsel appearing for the respective parties, the Writ Petition is taken up for hearing and disposal at admission stage.

2. The case of the petitioners in brief is that though, they have approached the respondent authorities and lodged complaint on 20-04-2025, no action has been taken thereon by registering a crime against the persons mentioned in the said complaint, even though it discloses commission of cognizable offence, which action of the respondent authorities, it is contended as illegal and arbitrary.

3. It is the further case of the petitioners that though, the respondent authorities have registered a case earlier vide Cr.No.85/2020 dated 02-03-2020, no action has also been taken therein till date, and thus, the respondent authorities are acting in dereliction of duty.

4. Per contra, learned Government Pleader for Home appearing on behalf of respondents submits that insofar as the grievance of the petitioners in relation to non-registration of crime based on the complaint of the petitioners dated 20-04-2025 is concerned, the petitioners have to avail the further remedies provided under the Bharatiya Nagarik Suraksha Sanhita , 2023 (for short ‘ BNSS ') as held by this Court in W.P.No.7159 of 2025, and for the said reason, the present Writ Petition is not maintainable.

5. Insofar as the claim of the petitioners of the respondent authorities not taking any action on registering case vide Cr.No.85/2020 dated 02-03-2020 is concerned, learned Government Pleader for Home submits that the same is under investigation and that the authorities on completion of investigation, would take further action by filing charge sheet/final report before the concerned Court.

6. Learned Government Pleader for Home thus submits that since, the main grievance of the petitioners in the present Writ Petition is with regard to non-registration of crime based on the complaint dated 20-04-2025 is concerned, as the petitioners have to avail the remedies provided under BNSS , the petitioners may be relegated to avail the said remedy.

7. I have taken note of respective contentions urged.

8. From a reading of the affidavit filed in support of the present Writ Petition, though petitioners made reference to complaints given by them earlier and the respondent authorities registering a case in Cr.No.85/2020 dated 02-03-2020, the main grievance in the present Writ Petition is to the inaction on the part of respondent authorities in taking action on the complaint dated 20-04-2025 by registering crime against the persons mentioned therein. Since, this Court in W.P.No.7159 of 2025 has taken a view that for non-registration of crime, the complainant has to avail further remedies provided under BNSS , this Court is of the view that the petitioners should be relegated to avail the remedies provided under BNSS , and for the said reason, the petitioners cannot maintain the present Writ Petition.

9. Granting liberty as indicated above, the Writ Petition is disposed of. No costs.

10. Consequently, miscellaneous petitions, if any, pending shall stand closed.

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
whatsapp-icon Back to top