Uma Maheswara Rao, vs The State Of Andhra Pradesh,
2021 Latest Caselaw 1965 AP

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 HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY

                 Writ Petition No.10051 of 2021
ORDER:

This Writ Petition under Article 226 of the Constitution

of India is filed seeking declaration that the action of the 3rd

respondent in not registering the F.I.R. on the report lodged

by the petitioner, as illegal and arbitrary and to direct the 3rd

respondent to register the F.I.R. and initiate legal action

against the 4th respondent.

2) Heard learned counsel for the petitioner and the learned

Government Pleader for Home appearing for official

respondents 1 to 3.

3) Now it is clearly well settled that the Writ Petition is not

maintainable seeking direction to the Station House Officer to

register the F.I.R. even on the ground that despite lodging a

report with the police relating to cognizable offence that the

police failed to register the F.I.R.

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 the cases of like nature and clearly held that the writ

petition is not maintainable.

5) Therefore, in view of the aforesaid earlier orders of this

Court, this writ petition is dismissed as not maintainable.

However, the writ petitioner is at liberty to seek his remedy as

contemplated under law. No costs.

The miscellaneous petitions pending, if any, shall also

stand closed.

________________________________________________ JUSTICE CHEEKATI MANAVENDRANATH ROY Date:14.06.2021.

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