A writ petition under Article 226 of the Constitution of India is not maintainable for the non-registration of an FIR, as the Code of Criminal Procedure provides efficacious statutory remedies through the Magistrate.

ORDER:

This Writ Petition is filed with the following relief:

“…to pass an order or orders one in the nature of WRIT OF MANDAMUS declaring the action of the Respondent No.2 and 3 for not registering the complaint of the Petitioner, 21.11.2018 against the Respondent No.4 who illegally encroached into my land by demolished the rod-cutter machine and manhandled on the workers on 21.11.2018 at about 12.10 PM and also threaten to kill us is illegal, arbitrary against the principal of natural justice.…”

Heard Mr. K.Buchi Babu, learned counsel appearing for the petitioner and Mr. D.Pradeep, learned Assistant Government Pleader for Home appearing for respondent Nos.1 to 3.

Learned counsel for the petitioner submits that, despite the petitioner having submitted a representation dated 21.11.2018, the respondent police authorities failed to register a First Information Report (FIR) in accordance with law. Accordingly, learned counsel prays for issuance of an appropriate direction to the respondent police authorities or the officer concerned to ensure registration of a case based on the said representation.

Learned Assistant Government Pleader for Home, on the other hand, submits that upon examination of the petitioner’s representation dated 21.11.2018, it was found that the underlying dispute is purely civil in nature. Consequently, the petitioner was advised to avail appropriate civil remedies before the competent forum. It is therefore contended that the allegations regarding non-registration of the crime and alleged inaction on the part of the police authorities are factually unfounded and legally untenable. It is further submitted that, if the petitioner was genuinely aggrieved by the action or inaction of the police authorities, he ought to have availed the statutory remedies provided under the Code of Criminal Procedure, 1973. Therefore contends that the relief sought in the present writ petition, namely, issuance of a direction under Article 226 of the Constitution of India compelling the police to register a criminal case, is not maintainable.

I have perused the material placed on record.

The grievance of the petitioner, in essence, is that despite submission of a written complaint dated 21.11.2018, the concerned police authorities failed to register a case.

The action taken by the police authorities as reported by the learned Assistant government Pleader for Home is indicating that the representation of the petitioner has been considered and the police have exercised their jurisdictional discretion in registering the Crime. However, if the petitioner is still aggrieved, he ought to have availed appropriate remedies available under law.

The legal position governing such matters is well settled. In Sakiri Vasu v. State of U.P. & Others (AIR 2008 SC 907), the Hon’ble Supreme Court categorically held that when the grievance pertains to the failure of the police to register a First Information Report (FIR), the appropriate remedy is not to invoke the writ jurisdiction of the High Court under Article 226. The Court emphasized that the Code of Criminal Procedure, 1973 (“Cr.P.C.”) provides an adequate and efficacious statutory mechanism for redressal of such grievances.

This principle has been consistently reaffirmed by the Hon’ble Supreme Court in subsequent judgments. Notably, in M. Subramaniam v. S. Janaki & Others (AIR 2020 SC 387), a three-Judge Bench reiterated that an aggrieved party must avail the statutory remedies provided under the Cr.P.C., including approaching the Magistrate under Sections 156(3) or 200, rather than directly invoking the writ jurisdiction of the High Court.

In view of the settled legal position, and in the absence of any exceptional or extraordinary circumstances warranting interference by this Court under Article 226 of the Constitution of India, the relief sought by the petitioner cannot be entertained. The statutory framework under the Cr.P.C./ Bharatiya Nagarik Suraks