Andhra Pradesh High Court - Amravati
Dokka Samba Siva Saikumar, vs The State Of Andhra Pradesh, on 5 March, 2021
Bench: Cheekati Manavendranath Roy
THE HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY
WRIT PETITION No.1653 OF 2021
ORDER:-
Heard learned counsel for the petitioners and the learned
Assistant Government Pleader for Home.
2. The grievance of the writ petitioners is that the report
lodged by him with the 4th respondent-Station House Officer of
Pendurthi Police Station, was not registered and their further
grievance is that the 4th respondent has been threatening them
to withdraw the report. Therefore, he sought declaration that
the said action on the part of the respondents 3 and 4 in
threatening them to withdraw the report and in not registering
their report, as illegal and consequently sought direction to the
respondents 3 and 4 to register their report and investigate the
case.
3. As regards the relief claimed by the writ petitioners
seeking direction to the respondent-police officials to register the
report lodged by them as F.I.R. and investigate the case is
concerned, this writ petition is not maintainable. The legal
position in this regard is well settled. Recently, in W.P.Nos.8384
of 2020 and batch, dated 30-07-2020, based on the earlier
Judgments of the Hon'ble Apex Court, this Court held that the
writ petition is not maintainable seeking direction for
registration of F.I.R. and that the aggrieved person has to
pursue his other remedies available to him in this regard under
the provisions of the Code of Criminal Procedure, 1973.
4. As regards the grievance of the writ petitioners that the 4th
respondent-Sub Inspector of Police has been threatening them
to withdraw the report lodged by them is concerned, learned
Assistant Government Pleader for Home on instructions would
submit that the petitioners herein and the 7th respondent herein
lodged reports with the 4th respondent-Station House Officer of
Pendurthi Police Station, claiming rights over certain immovable
property. Therefore, as the Sub-Inspector found that the
dispute primarily relates to immovable property which is of civil
nature, he has referred the matter to pre-litigation forum and
advised both the parties to pursue their civil remedy in the
appropriate forum. Therefore, he would submit that the 4th
respondent or any other police officials never threatened the
petitioners to withdraw their report and it is a false allegation.
5. Therefore, as there are counter reports lodged by both the
petitioners and 7th respondent herein which primarily pertain to
a claim over the immovable property, which is essentially a
dispute of civil nature, the 4th respondent has rightly advised
the parties to pursue their civil remedy in appropriate forum.
The petitioners now appears to have made a false allegation as if
the 4th respondent has threatened them to withdraw the report.
Therefore, this Court do not find any substance in the said
contention of the petitioners in the light of the submissions
made by the learned Assistant Government Pleader on
instructions.
6. Therefore, the Writ Petition is dismissed. There shall be
no order as to costs.
Miscellaneous Petitions, if any pending, in this Writ
Petition, shall stand closed.
____________________________________________
JUSTICE CHEEKATI MANAVENDRANATH ROY
Date : 05-03-2021
ARR
THE HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY
WRIT PETITION No.1653 OF 2021
Date : 05-03-2021
ARR
