THE HON'BLE THE CHIEF JUSTICE UJJAL BHUYAN
AND
THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY
Writ Appeal No.497 of 2007
JUDGMENT: (Per the Hon'ble the Chief Justice Ujjal Bhuyan)
None appears for the appellant, though
Mr. T. Srikanth Reddy, learned Government Pleader for
Home is present on behalf of respondent Nos.1 and 2.
2. The writ appeal has been preferred against the common judgment and order dated 06.02.2007 passed by the learned Single Judge dismissing W.P.No.1847 of 2007 filed by the appellant as the writ petitioner.
3. A large number of writ petitions were filed before the learned Single Judge, including W.P.No.1847 of 2007, questioning the inaction of respondent Nos.1 and 2 in not conducting enquiry into the activities of the private respondents and consequently not registering First Information Report (briefly, 'the FIR' hereinafter). After considering various provisions of the Code of Criminal Procedure, 1973 (briefly, 'the Cr.P.C.' hereinafter), learned Single Judge came to the conclusion that the appellant has an alternative remedy of filing private complaint under Section 200 of Cr.P.C. Therefore, all the writ petitions were 2 not entertained and were accordingly dismissed by the common judgment and order dated 06.02.2007. While dismissing the writ petitions, it was clarified by the learned Single Judge that if any police case was already registered on the basis of the FIRs, the same should be proceeded in accordance with law. It is against this decision of the learned Single Judge that the present appeal has been filed.
4. In Ram Kishan Fauji vs. State of Haryana1, Supreme Court has clarified that against an order of the learned Single Judge declining the prayer for registration of FIR, further letters patent appeal like writ appeal would not be maintainable.
5. In view of the above, the writ appeal is dismissed.
Miscellaneous applications pending, if any, shall stand closed. However, there shall be no order as to costs.
______________________________________ UJJAL BHUYAN, CJ ______________________________________ C.V.BHASKAR REDDY, J 14.09.2022 JSU 1 (2017) 5 SCC 533