THE HONOURABLE SRI JUSTICE N.TUKARAMJI WRIT PETITION No.28377 OF 2017

ORDER:

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

“…to issue an order or direction more particularly one in the nature of writ of mandamus or any other appropriate writ declaring the action of the respondents Nos.2 and 3 in not taking any action basing on a complaint filed by the petitioner, dated 04.07.2017 and the contents of the said complaint clearly constitutes the offences punishable under sections 354 of IPC and under section 3 (1) (r) (s) of Schedule Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 as against the respondents Nos.4 to 9, which are cognizable and non-bailable offences, is nothing but arbitrary, illegal, null and void and violative of principles of natural justice and also violative of Articles 14, 19 and 21 of the Constitution of India and also violative of the provisions of Criminal Procedure code. Consequently, direct the respondents Nos.2 and 3 to take necessary action basing on a complaint filed by the petitioner, dated 04.07.2017, against the respondent Nos.4 to 9 by registering a FIR In accordance with Law and to pass…”

2. Heard Mr.K.Venumadhav, learned counsel for the petitioner and Mr. M.Srinivas, learned Assistant Government Pleader for Home appearing for respondent Nos.1 to 3.

3. Learned counsel for the petitioner submits that, as respondent Nos. 2 and 3 failed to take any action on the petitioner’s representation dated 04.07.2017 by not registering a First Information Report (FIR), the petitioner has been constrained to approach this Court seeking appropriate directions.

4. Learned Assistant Government Pleader for Home, on the basis of written instructions received from the concerned police authorities, submits that the allegations made by the petitioner were duly examined. It is stated that on 25.08.2017, upon consideration of the contents of the petitioner’s representation dated 04.07.2017, a case was registered as Crime No.173 of 2017 under Sections 354, 323, and 506 read with Section 34 of the Indian Penal Code, 1860 (for short, “IPC”) and Sections 3(1)(r) and 3(1)(s) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, “SC/ST Act”). The learned Government Pleader further submits that the matter has been taken up for investigation by the competent authority in accordance with law.

5. I have perused the material available on record.

6. Having regard to the submissions made by the learned Assistant Government Pleader for Home and the developments reported therein, it is evident that the petitioner’s grievance pertaining to the alleged inaction of the police in registering the FIR, has since been effectively redressed by the respondents. The concerned police authorities have acted upon the petitioner’s representation and registered a criminal case, which is under investigation.

7. It may be noted that once the grievance regarding non- registration of FIR stands remedied through subsequent registration and investigation, the writ petition under Article 226 becomes infructuous, as held by the Hon’ble Supreme Court in Aleque Padamsee v. Union of India, (2007) 6 SCC 171, and Sakiri Vasu v. State of Uttar Pradesh, (2008) 2 SCC 409.

8. In view of the above, as the cause for filing the present writ petition no longer survives, this Court finds no reason to adjudicate the matter further. Accordingly, the writ petition is dismissed as infructuous.

There shall be no order as to costs.

Miscellaneous Petitions, pending if any, shall stand closed.

_______________ N.TUKARAMJI, J Date: 08.10.2025 dpm

4411 THE HONOURABLE SRI JUSTICE N.TUKARAMJI WRIT PETITION No.28377 OF 2017 Dated: 08.10.2025 dpm