IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SRI JUSTICE N.TUKARAMJI DATE: 01.12.2025 Between :

Nalaparaju Devi … Petitioner AND The State of Telangana, Represented by its Principal Secretary, Home Department, Secretariat, Hyderabad, and five others.

… Respondents.

O R D E R:

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

“…to issue an appropriate order or direction, more particularly, one in the nature of Writ of Mandamus declaring the action of the respondents 3 and 4 in not taking any action on petitioner’s complaint dated 29-11-2018 and 02-12-2018 respectively, as illegal, arbitrary, mala fide, high handed, against to the principles of natural justice, contrary to the law laid down by the Hon’ble Apex Court in Lalita Kumari Vs. Government of Uttar Pradesh reported in (2014) 2 SCC 1 and consequentially direct the 4^th respondent to register F.I.R. on petitioner’s complaint dated 29-11-2018 and take appropriate action in accordance with law in the interest of justice and pass such other order or orders…”

2. None appeared on behalf of the petitioner.

3. Mr. D. Pradeep, learned Assistant Government Pleader for Home, appearing for respondent Nos. 1 to 4, submits that, if the petitioner is aggrieved by the alleged non-registration of a crime, she ought to have availed the statutory remedies available under the Code of Criminal Procedure, 1973 (“Cr.P.C.”). The legal position on this issue is well settled that without exhausting the remedies available under the Cr.P.C. (or the corresponding provisions under the Bharatiya Nagarik Suraksha Sanhita, 2023) and in the absence of any exceptional circumstances, a prayer for a direction to register a crime under Article 226 of the Constitution of India is not maintainable. Accordingly, he prays that the writ petition be dismissed.

4. I have perused the material available on record.

5. The substance of the petitioner’s grievance is that her representations dated 29.11.2018 and 02.12.2018 were not acted upon by the respondent police authorities. However, the legal position in this regard is no longer res integra. The Hon’ble Supreme Court, in Sakiri Vasu v. State of U.P. & Others, AIR 2008 SC 907, and M. Subramaniam v. S. Janaki & Others, AIR 2020 SC 387, has categorically held that a writ petition seeking a direction for registration of a crime is not maintainable unless the statutory remedies available under the Cr.P.C. (now Bharatiya Nagarik Suraksha Sanhita) have been exhausted, except in exceptional circumstances.

6. Admittedly, the petitioner has not sought for such remedies, and in the absence of any exceptional circumstances warranting interference, this Court is of the considered view that the relief prayed, namely, a direction for registration of crimes simpliciter is not maintainable under Article 226 of the Constitution of India.

7. Accordingly, while reserving the liberty of the petitioner to avail appropriate remedies before the jurisdictional Magistrate in accordance with law, if the cause of action still survives, this writ petition is disposed of. There shall be no order as to costs.

Pending miscellaneous applications, if any, shall stand closed.

_______________ N.TUKARAMJI, J Date: 01.12.2025 svl