THE HONOURABLE SRI JUSTICE N.TUKARAMJI WRIT PETITION No.21529 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 a writ, order or direction, more in the nature of writ of mandamus, directing the respondents No.1-3 to initiate legal and criminal proceedings against the anti social elements and others in pursuance of the petitioners complaint dated 17.05.2016, 21.05.2016 and 01.06.2016 respectively, as per the guidelines law laid down by the Honorable Supreme Court in WP [C] No.68/2008 Dated 12.11.2013, duly extending protection to life and property of the petitioner and his family members and pass such other order or orders.”

2. I have heard Mr.D.A.Premchand, learned counsel for the petitioner and Mr.R.Laxmikanth Reddy, learned Assistant Government Pleader for Home appearing for respondent Nos.1 to

3.

3. Learned counsel for the petitioner submits that representations were duly made before the Station House Officer, the Commissioner, and other competent authorities seeking initiation of legal and criminal proceedings against respondent No.5. However, despite such representations, no action has been taken by the concerned authorities. It is further submitted that though the petitioner had also instituted civil proceedings seeking an injunction against respondent No.5, the said action was dismissed. In view of the continued inaction on the part of respondent Nos.1 to 3 (police authorities), the present writ petition has been filed, wherein the petitioner prays for issuance of an appropriate order.

4. On the other hand, learned Assistant Government Pleader for Home submits that, in the absence of specific particulars being furnished in the petitioner’s representations, no action could be initiated by the police concerned.

5. I have perused the materials on record.

6. The pleadings of the petitioner are that the police authorities failed to take action pursuant to the petitioner’s complaints dated 17.05.2016, 21.05.2016, and 01.06.2016. It is, however, well settled that where a person is aggrieved by the inaction of the police in registering a crime, the proper course of action is to avail the statutory remedies prescribed under the Code of Criminal Procedure, 1973 (Cr.P.C.) / Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). Unless and until those remedies are exhausted, approaching this Court directly under Article 226 of the Constitution of India is not maintainable, save in exceptional circumstances.

7. This Court, in Govind Raju Sami v. State of Telangana, 2019 SCC OnLine TS 3491, while relying on the dictum of the Hon’ble Supreme Court in Sakiri Vasu v. State of U.P. & Others, AIR 2008 SC 907, has categorically held that without first exhausting the effective and efficacious remedies available under the Cr.P.C./BNSS, invocation of the extraordinary jurisdiction of this Court under Article 226 is improper. This legal principle has further been reinforced by a Three-Judge Bench of the Hon’ble Supreme Court in M. Subramaniam v. S. Janaki, AIR 2020 SC 387.

8. In light of the above settled legal position, the relief sought by the petitioner, in the absence of any demonstrated exceptional circumstance, is found to be not maintainable. Nevertheless, while dismissing the present writ petition, the rights of the petitioner are reserved to avail appropriate remedies as may be available in law, should any cause of action survive. There shall be no order as to costs.

Miscellaneous Petitions, pending if any, shall stand closed.

________________ N.TUKARAMJI, J Date: 18.08.2025 mmr