IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
N. TUKARAMJI, J
Mamidi Ankoos – Appellant
Versus
The State of Telangana – Respondent
Writ Petition No.27359 of 2025
| Table of Content |
|---|
| 1. details about the writ petition and petitioner's intention. (Para 1 , 2 , 3 , 4 , 7) |
| 2. response regarding the maintainability of the writ. (Para 5) |
| 3. legal reasoning based on precedents regarding fir non-registration. (Para 6 , 8 , 9) |
| 4. final determination regarding the relief sought. (Para 10) |
O R D E R:
This Writ Petition is filed under Article 226 of Constitution of India seeking the following relief/s:-
“…pleased to issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, a) to declare the action of the Respondent Nos.2 to 5 in failing to initiate action by registering the complaint of the petitioner dt.25.07.2025 and 07.08.2025 against the Respondent Nos.7 to 11 inspite of committing cognizable offences as illegal, arbitrary, unconstitutional and contrary to the Provisions of BNSS Act b) to declare the action of the Respondents 2 to 4 in failing to initiate necessary action against the Respondent No.6 in aiding and protecting the Respondents 7 to 11 in their illegal activities by obstructing the implementation of the Court orders and consequently a) direct the Respondent Nos.2 to 5 to forthwith initiate necessary action against the Respondents 7 to 11 by registering the complaint of the petitioner dt.25.07.2025 and 07.08.2025 as per the provisions of BNSS Act b) direct the Respondents 2 to 4 to forthwith initiate immediate action against the Respondent No.6 in aiding and protecting the Respondents 7 to 11 in their illegal activities by obstructing the implementation of the Court orders, and to pass...….”
2. None appears on behalf of the petitioner.
3. I have heard Mr.C.Aniketh Reddy, learned Assistant Government Pleader for Home appearing for respondent Nos.
1 to 6.
4. Learned counsel for the petitioner submits that, pursuant to the representations dated 25.07.2025 and 07.08.2025, the police failed to register a Crime/FIR. Consequently, counsel prays for the issuance of an appropriate direction to the Superintendent of Police or the officer concerned to ensure registration of the case.
5. Learned Assistant Government Pleader for Home submits that filing of writ petition seeking a direction to register a case, is not maintainable as per the settled legal position.
6. I have perused the materials on record.
7. The essence of the petitioner’s grievance is that the concerned police authorities failed to register a case based on his representations dated 25.07.2025 and 07.08.2025. Consequently, the petitioner seeks a direction from this Court under Article 226 of the Constitution of India to compel the police to register a crime.
8. In this regard, the Hon’ble Supreme Court in Sakiri Vasu v. State of U.P. & Others, AIR 2008 SC 907, has laid down that a writ petition under Article 226 is ordinarily not maintainable when the grievance pertains to the non-registration of an FIR, inasmuch as the Code of Criminal Procedure (CrPC) provides an adequate and efficacious remedy. Following this principle, this Court, in Govind Raju Sami v. State of Telangana , 2019 SCC Online TS 3491, reiterated that a petitioner must exhaust the statutory remedies available under the Cr.P.C (now replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023, wherever applicable) before invoking the writ jurisdiction of the High Court.
9. This legal position has been further reinforced by a three-judge Bench of the Hon’ble Supreme Court in M. Subramaniam v. S. Janaki & Others, AIR 2020 SC 387, wherein it was clarified that the appropriate remedy in such cases is to approach the Magistrate under the procedure contemplated in law, rather than directly invoking the writ jurisdiction.
10. In view of the settled legal position, the relief sought by the petitioner under Article 226 of the Constitution of India cannot be entertained, particularly in the absence of any exceptional or extraordinary circumstances demonstrated in the writ petition. The scheme of law provides adequate and efficacious remedies befo
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