THE HONOURABLE SRI JUSTICE N.TUKARAMJI WRIT PETITION No.407 OF 2018

ORDER:

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

“…may be pleased to issue a Writ or Direction one in the nature of mandamus declaring the action of the respondents No. 2 to 4 in not honouring the injunction order granted in O.S.No.114 of 2017 dated 28-11-2017 on the file of the Senior Civil Judge at Siddipet and not taking action against respondents No.5 and 6 on pursuant to the Complaint dated 11-12-2017 by registering the FIR is arbitrary and illegal and consequently issue a direction to the respondents No.2 to 4 to take immediate action against the respondents No.5 and 6 who are violating the injunction order by registering Nos.5 to 6 who are Violating the injunction order by registering the FIR and to pass any other order or orders appropriate in the case......”

2. Heard Mr. Md.Asifuddin, learned counsel for the petitioner and Mr. M.Srinivas, learned Assistant Government Pleader for Home appearing for respondent Nos. 1 to 4.

3. Learned counsel for the petitioner submits that despite sending a representation dated 11.12.2017 to the Circle Inspector of Police (respondent No. 4) and the Assistant Commissioner of Police (respondent No. 3) through registered post, no FIR was registered. He further submits that although the competent Civil Court in O.S. No. 114 of 2017 granted an injunction, respondent Nos. 5 and 6 have been violating the said order. Accordingly, he prays for issuance of an appropriate direction.

4. Learned Assistant Government Pleader, on instructions, submits that the respondents/police authorities never received any such complaint from the petitioner. He further submits that if the petitioner is aggrieved by the non-registration of a crime, she is required to exhaust the statutory remedies available under the Cr.P.C./BNSS. Without availing these remedies, a writ petition under Article 226 of the Constitution of India seeking a direction for registration of a crime is not maintainable. He therefore prays for dismissal of the writ petition.

5. I have perused the material on record.

6. 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 person aggrieved by non-registration of an FIR cannot directly invoke the writ jurisdiction of the High Court under Article 226 of the Constitution without first exhausting the statutory remedies available under the Cr.P.C. The Court has clarified that an aggrieved person must first approach the Superintendent of Police under Section 154(3) Cr.P.C., and if the grievance still persists, may then file an application under Section 156(3) Cr.P.C. or a private complaint under Section 200 Cr.P.C. before the jurisdictional Magistrate.

7. In view of this settled legal position, and in the absence of any exceptional circumstances warranting interference, this Court is of the considered view that the petitioner’s request for a direction to register a crime is not maintainable under Article 226 of the Constitution of India. However, it is made clear that the petitioner is at liberty to avail appropriate remedies before the competent authority or Court, including by submitting a fresh complaint, if the cause of action still survives.

8. With this direction, this writ petition is disposed of. There shall be no order as to costs.

Miscellaneous Petitions, pending if any, shall stand closed.

______________ N.TUKARAMJI, J Date: 12.11.2025 Js