THE HONOURABLE SRI JUSTICE N.TUKARAMJI WRIT PETITION No.26984 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 order, direction or a writ more particularly one in the nature of writ of Mandamus declaring the inaction of the Respondents in not taking any action against the persons named in the complaints dated 11-09-2014 and 12-07-2016 as illegal, arbitrary and unjust...….”

2. Heard Mr.I.Venkata Prasad, learned counsel for the petitioner and Mr.R.Laxmikanth Reddy, learned Assistant Government Pleader for Home appearing for respondent Nos.1 to 7.

3. Learned counsel for the petitioner would submit that, in spite of representations dated 11.09.2014 and 12.07.2016, the respondent-police authorities failed to extend protection to the petitioner, thus, the present petition is filed seeking appropriate direction.

4. Learned Assistant Government Pleader for Home would submit that, the police never received representations dated

11.09.2014 and 12.07.2016 as contested by the petitioner. That apart, if the police failed to take appropriate action, the petitioner ought to have availed regular remedies are available under the Cr.P.C/BNSS. Without exhausting those remedies, seeking a direction under the writ jurisdiction, is not maintainable.

5. I have perused the materials on record.

6. The contention of the petitioner essentially is that, basing on his report/representation, the police-respondent Nos.2 to 7 has failed to respond in giving protection. In such situation, the petitioner ought to have placed the action on the part of respondent police before the higher authorities of the police or the Magistrate concerned. Without exhausting the available effective remedies and in the absence of any exceptional circumstance, approaching this Court under Article 226 of Constitution of India, held to be not maintainable. This legal position has been fortified by the Hon’ble Supreme Court in Three-Judge Bench between M. Subramaniam v. S. Janaki, AIR 2020 SC 387, wherein it has been held while approving the dictum in Sakiri Vasu v. State of U.P. and Others, AIR 2008 SC 907, that without availing effective and alternative remedy available under Cr.P.C/BNSS, seeking relief under the Article 226 of Constitution of India, is not maintainable.

7. In view of the settled legal position, this petition stand not maintainable, however, the rights of the petitioner are reserved to avail appropriate remedies available under law, if cause still survives.

8. Accordingly, this writ petition is dismissed. There shall be no order as to costs.

Miscellaneous Petitions, pending if any, shall stand closed.

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N.TUKARAMJI, J Date: 15-09-2025 mmr