THE HONOURABLE SRI JUSTICE N.TUKARAMJI WRIT PETITION No.11533 OF 2018

O R D E R:

This Writ Petition is filed under Article 226 of Constitution of India seeking the following relief/s:-

“…to issue a Writ of Mandamus or any other Writ order or direction declaring the high handed action of the respondents No.11 to 17 in the capacity of respondent No. 4 to 7 foisting the false, frivolous, fabricated series of cases in routine manner with the influence of the respondent No. 8 to 10 is as arbitrary, improper, illegal, injustice, abuse of process of Law, violating the natural justice and personal liberty guaranteed by the Article 21 of constitution of India with Consequential relief as call for the records pertaining to the foisting false case registered by the police under influence and for settlement the matrimonial case under guise of FIR No.1501 of 2017 Dated. 14.11.2017 PS KPHB, U/s 354D IPC is declare as illegal null and void and as foisted false case as abuse of process of law,non-est in the eye of Law Further direction to the respondent No.2 to take proper action as per the representation Dated.5-3-2018 against the Respondents No. 8 to 17 while according protection to the petitioners from the respondents including foisting /registration of further false series of cases and to pass.......”

2. Heard Mr. G.L.Narsimha Rao, learned counsel for the petitioners and Mr. D.Pradeep, learned Assistant Government Pleader for Home appearing for respondent Nos.1 to 7.

3. Learned counsel for the petitioners submits that the respondent-police authorities, acting highhandedly and without any legal basis, have fabricated a series of cases, including FIR No.1501 of 2017. Accordingly, the petitioners seek the indulgence of this Court to declare the said registered crime as illegal and to direct respondent No.2 to consider their representation dated

05.03.2018 submitted against the unofficial respondents.

4. Learned Assistant Government Pleader for Home submits that Crime No.1501 of 2017 has been duly investigated, and upon completion of the investigation, a charge sheet was filed, whereupon C.C. No.4166 of 2019 was taken on the file of the I Additional Junior Civil Judge-cum-Judicial Magistrate of First Class, Kukatpally. The matter is presently pending trial. It is contended that the petitioners’ allegation of a false and fabricated case is unfounded. The learned Government Pleader further submits that he has no specific instructions regarding the registration of any crime based on the petitioners’ representation dated 05.03.2018. However, if the petitioners are aggrieved by the alleged non-registration of their complaint, they ought to have availed themselves of the statutory remedies available under law. Without exhausting such remedies, seeking a direction under Article 226 of the Constitution for registration of a crime is impermissible. Hence, he prays that the writ petition be dismissed.

5. I have perused the material placed on record.

6. The contention of learned counsel for the petitioners that their grievance regarding registration of crime has not been considered is untenable. In light of the developments reported by the learned Assistant Government Pleader, it is evident that the investigating agency, upon evaluation of the available material, has filed a charge sheet, and the trial Court has taken cognizance and framed charges. This demonstrates that both the investigating authority and the trial Court have found a prima facie case warranting trial. Accordingly, the contention that a frivolous or false case has been foisted upon the petitioners cannot be accepted. However, it is clarified that the petitioners’ rights to raise all permissible defences before the trial Court, in accordance with law, are preserved.

7. With respect to the request for registration of a crime based on the representation dated 05.03.2018, it is well settled that a writ seeking a direction to register a crime, is not maintainable unless the efficacious statutory re