THE HONOURABLE SRI JUSTICE N.TUKARAMJI

WRIT PETITION No.15589 OF 2016

O R D E R:

This Writ Petition is filed under Article 226 of Constitution

of India seeking the following relief/s:-

“…to issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus to declare the action of the Respondents in not properly responding or completing the investigation with regard to the petitioners complaints dated 10.03.2016 and 28.03.2016 in violation of Section 154 Cr.P.C., against to the principles of natural justice and violation of fundamental rights guaranteed under the Constitution of India and violation of Articles 14, 19 and 21 of the Constitution of India and apart from being violative of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Rules, 1995, Rule 7 (2) and the Rules therein and consequently direct to the Respondents as per Scheduled Castes and Scheduled Tribes (Prevention of

Atrocities) Rules, 1995, Rule 7 (2) and to pass…”

2. None appeared on behalf of the petitioners.

3. I have heard Mr. R. Laxmikanth Reddy, learned Assistant Government Pleader for Home appearing for respondent Nos.1, 2,

4 and 7.

4. Learned Assistant Government Pleader for Home would submit that the respondent-police never received any complaint

from the petitioner neither on 10.03.2016 nor on 28.03.2016. Thus, the question of registration of crime or conducting investigation does not arise and the prayer in the petition is improper.

5. I have perused the materials on record.

6. It is well settled law that in the case the police have failed to register a case on the basis of any complaint/representation/report, the petitioner has adequate remedies under Code of Criminal Procedure (now Bharatiya Nagarik Suraksha Sanhita, 2023) such as approaching the Superintendent of Police under Section 154(3) of Cr.P.C and thereafter to move the Magistrate under Section 156(3) of Cr.P.C. Thus, legal position has been set out by the Hon’ble Supreme Court in Sakiri Vasu v. State Of U.P. and Others (AIR 2008 SC 907), and fortified by a three Bench judgment in M. Subramaniam v. S. Janaki (AIR 2020 SC 387), by holding that a writ petition under Articles 226 and 227 of the Constitution of India, filed solely for the purpose of seeking registration of an FIR, is not maintainable, since effective alternative remedies are available under the statutory framework.

7. In view of the settled legal position, this writ petition is held to be not maintainable.

8. Accordingly, this Writ petition is dismissed. No costs.

Miscellaneous Petitions, pending if any, shall stand closed.

________________ N.TUKARAMJI, J Date: 19.08.2025 rev/js