THE HONOURABLE SRI JUSTICE N.TUKARAMJI WRIT PETITION No.13598 OF 2017

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 appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, to declare the inaction of the respondent police in taking action against the respondent Nos. 4 to 6 inspite of the written complaints dt. 19-12- 2014, 24-6-2015 and 2-1-2017 following by repeated visits, as being illegal, arbitrary, unjust and unconstitutional and consequently direct the respondent Nos. 2 and 3 herein to forthwith act upon the complaints and take action in accordance with law, and to grant...”

2. None appeared on behalf of the petitioner.

3. I have heard Mr.R.Laxmikanth Reddy, learned Assistant Government Pleader for Home appearing for respondent Nos.1 to 3.

4. Learned Assistant Government Pleader for Home submits that the present writ petition, insofar as it seeks a direction to register a criminal case, is not maintainable in view of the settled legal position. He therefore prays that an appropriate order be passed.

5. I have perused the materials on record.

6. The prayer of the petitioner is for direction to respondent police to register a case against the unofficial respondents basing on the complaints dated 19.12.2014, 24.06.2015 and 02.01.2017. In this context, it is pertinent to note that a Three Judges Bench of the Hon’ble Supreme Court in a case between M. Subramaniam vs S. Janaki (AIR 2020 SC 387), in reiteration of the dictum in Sakiri Vasu vs State Of U.P. and Others (AIR 2008 SC 907), held that when the petitioner has efficacious remedy provided under Cr.P.C/B.N.S.S for redressal of the grievance, invoking jurisdiction under Article 226 of Constitution of India seeking direction for registration of crime, without exhausting the alternative remedies is unsuitable. Even this Court has embraced this legal position in the case of Govind Raju Sami vs State of Telangana (2019 SCC Online TS 3491).

7. In the light of the above dictum, the prayer of the petitioner is found not maintainable, however, reserving the right of the petitioner to avail appropriate remedy available under law, this petition is dismissed. There shall be no order as to costs.

Miscellaneous Petitions, pending if any, shall stand closed.

________________ N.TUKARAMJI, J Date: 01.09.2025 mmr