V Suvarta vs State Of Ap
2021 Latest Caselaw 472 AP

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 HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY

                 Writ Petition No.2322 of 2021
ORDER:

The grievance of the petitioner in this writ petition is

that the report lodged by her before the police is not

registered as F.I.R. and the same is not investigated.

2. Heard learned counsel for the petitioner and the learned

Assistant Government Pleader for Home appearing for official

respondents 1 to 5.

3. The legal position in this regard is no more res integra

and the same has been well settled as per the authoritative

pronouncements of the Apex Court as well as this High Court.

Now it is well settled law that when police failed to register the

F.I.R. based on the report lodged by any individual disclosing

commission of a cognizable offence, his remedy is not by way

of filing a writ petition under Article 226 of the Constitution of

India, but he has to exhaust the other remedies which are

available to him under Section 154(3), 156(3) and Section 190

r/w.Sec.200 of Cr.P.C.

4. Considering the earlier judgments of the Apex Court

rendered on the same issue, this Court in a batch of writ

petitions, disposed of on 30.07.2020 in W.P.No.8384 of 2020

and batch, held that when police failed to register F.I.R. based

on the report lodged with them, which discloses commission

of a cognizable offence, the remedy of the aggrieved person is

not by way of a writ under Article 226 of the Constitution of

India, but only by way of exhausting the other remedies

contemplated under Cr.P.C. i.e. under Section 154(3), 156(3)

and Section 190 r/w.Sec.200 of Cr.P.C. and held that the writ

petition seeking such direction to the police to register the

F.I.R. is not maintainable. In the aforesaid judgment, this

Court has also clearly explained the distinction between the

ratio laid down in Lalitha Kumari v. State of Uttar Pradesh1

and clearly held that the writ petition is not maintainable.

5. Therefore, this writ petition is dismissed as not

maintainable. However, the 3rd and 4th respondents are

hereby directed to consider the report, dated 02.01.2021, said

to have been made by the petitioner in this regard relating to

her grievance and take appropriate action on the said report

within two weeks from the date of receipt of a copy of this

order or from the date on which copy of this order is produced

before the 3rd and 4th respondents by the petitioner, since

they are required to take action on such report under Section

154(3) Cr.P.C. No costs.

The miscellaneous petitions pending, if any, shall also

stand closed.

________________________________________________ JUSTICE CHEEKATI MANAVENDRANATH ROY Date:01.02.2021.

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(2014) 2 SCC 1