THE HONOURABLE SRI JUSTICE N.TUKARAMJI WRIT PETITION No.22896 OF 2017

ORDER

This writ petition is filed seeking for the following relief:

“to issue a Writ, Order, or Direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondent police authorities in not protecting the petitioner and her family and in not taking action against the 6th and 7th respondent as illegal and unconstitutional and consequently direct the respondents one to five to take steps to protect the petitioner and her family from R6 and R7 while initiating action against the 6th respondent for torturing the petitioner and R5 for not giving appropriate protection to the petitioner and family and pass”.

2. Heard Mr.G.Sundaresan, learned counsel for the petitioner and Mr.R.Laxmikanth Reddy, learned Assistant Government Pleader for Home appearing for respondent Nos.1 to 5.

3. The sum and substance of the prayer of this writ petition is that the respondents have not taken action upon the representation, dated 26.03.2017, filed by the petitioner.

4. Learned Assistant Government Pleader for Home appearing for respondents would submit that the writ petition is per se not maintainable in terms of the law laid down in the case of Sakiri Vasu Vs State of Uttar Pradesh¹, therefore, prayed to dismiss the petition.

5. It is by now well settled that, invoking the writ jurisdiction of this Court under Article 226 of the Constitution of India without exhausting the alternative remedy is contrary to the dictum laid down in the case of Sakiri Vasu Vs State of Uttar Pradesh² and the recent decision of the three Judge Bench of the Hon’ble Supreme Court in the case of M.Subramaniam and Ors. Vs. S. Janaki and Ors, (2020) 16 SCC 728, fortified the dictum laid down in the case of Sakiri Vasu supra and held that the writ of mandamus cannot be issued directing the respondent authorities to register FIR / Crime even though the complaint indicates the commission of an offence. Thus, leaving open to the petitioner to avail appropriate jurisdiction in regard to the complaint dated 26.03.2017.

6. In view of the settled position of law, the prayer of the petitioner is not permissible. Accordingly, this writ petition is

dismissed reserving the right of the petitioner to avail appropriate remedies available under law. No order as to costs.

Pending miscellaneous applications, if any, shall stand closed.

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N.TUKARAMJI, J Date:08.09.2025 AQS