Andhra Pradesh High Court - Amravati
Chinnem Nagaraju vs The State Of Andhra Pradesh on 23 June, 2022
Bench: Cheekati Manavendranath Roy
THE HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY
WRIT PETITION No.9792 of 2022
ORDER:-
This Writ Petition for a mandamus is filed seeking direction
to the 4th respondent - Station House Officer of Sanjamala Police
Station, Kurnool District, to take cognizance of the report, dated
01.12.2021, lodged by the petitioner with the 4th respondent and to
register an F.I.R on the basis of the said report against one
Chowdam Venkata Ramana and Subbamma for the offences
punishable under Sections 306 and 195 IPC.
Heard learned counsel for the petitioner and learned
Assistant Government Pleader for Home appearing for respondents
1 to 4.
The facts of the case reveal that the wife of the petitioner
committed suicide and died. Thereafter, police registered a case
under Sections 306 and 498A IPC against the petitioner herein,
who is her husband, on the ground that he has subjected her to
cruelty and unable to bear the said cruelty that she has committed
suicide and died and as such the petitioner is liable for abetting
her to commit suicide on account of the cruelty meted out by her
in the hands of the petitioner.
Thereafter, the petitioner has lodged a report with the police
alleging that the parents of the deceased abetted her to commit
suicide and as such she has committed suicide and died and her
parents are liable for prosecution under Section 306 IPC.
It is his grievance that police did not register any crime on
the basis of his report against the parents of the deceased.
Therefore, the petitioner is before this Court by way of filing this
Writ Petition seeking direction to the 4th respondent to register a
case against the parents of the deceased on the basis of the alleged
report lodged by him on 01.12.2021.
Having regard to the relief claimed by the writ petitioner in
this Writ Petition seeking direction by way of mandamus to police
to register the case, this Court is of the considered view that this
Writ Petition can be disposed of on the ground of its
maintainability.
The legal position in this regard whether a writ lies to direct
the police to register a case or not is no more res integra and the
same has been well settled. The Apex Court in the case of Sakiri
Vasu v. State Of U.P1 held that writ is not maintainable seeking
direction to the police to register a case when it is the grievance of
the writ petitioner that the report lodged by him with the police
was not registered relating to a cognizable offence. The Apex Court
unequivocally held that in such a situation, the aggrieved party
would have three remedies available under Cr.P.C. It is stated that
if the Station House Officer refuses to register a case on the basis
of the report lodged by the aggrieved party that the aggrieved party
can approach the Superintendent of Police of the District under
Section 154(3) Cr.P.C and he can also invoke Section 156(3) Cr.P.C
and also Section 200 Cr.P.C by way of filing a private complaint.
(2008) 2 SCC 409
The Apex Court at para.25 of the above referred judgment also held
as follows:
"We have elaborated on the above matter because we often
find that when someone has a grievance that his FIR has not been
registered at the police station and/or a proper investigation is not
being done by the police, he rushes to the High Court to file a writ
petition or a petition under Section 482 Cr.P.C. We are of the
opinion that the High Court should not encourage this practice and
should ordinarily refuse to interfere in such matters, and relegate
the petitioner to his alternating remedy, firstly under Section
154(3) and Section 36 Cr.P.C. before the concerned police officers,
and if that is of no avail, by approaching the concerned Magistrate
under Section 156(3)."
On the basis of the said judgment of the Apex Court, this
Court also in W.P.No.8384 of 2020 and batch and W.P.No.15551 of
2020 and batch, and in W.P.No.10084 of 2021 clearly held that
writ is not maintainable seeking direction to police to register a
case and the aggrieved party has to avail his remedies available to
him under Cr.P.C. This Court has also explained the purport of the
judgment rendered in Lalitha Kumari v. State of Uttar
Pradesh2 case also in the above judgments. The writ appeal, in
W.A.No.104 of 2022, filed against the said order in W.P.No.10084
of 2021, was also dismissed by a Division Bench of this Court.
Thus, the law is fairly well settled that writ seeking direction to the
police to register a case is not maintainable under law.
Therefore, in view of the settled law, the Writ Petition is not
maintainable and it is accordingly dismissed.
(2014) 2 SCC 1
However, it is brought to the notice of this Court by learned
counsel for the petitioner that the petitioner has already filed a
private complaint under Section 190 and 200 Cr.P.C. before the
learned Judicial Magistrate of First Class, Koilakuntla vide C.F.R.
No.280 of 2022 and that the sworn statement of the complainant
was already recorded and that he has also produced witnesses
before the said Court on 10.05.2022 and the inquiry in the said
complaint is not concluded till now. Therefore, as the petitioner
has already availed one of the remedies available to him under
Cr.P.C, the learned Judicial Magistrate of First Class, Koilakuntla,
is hereby directed to complete the inquiry in the said complaint
filed by the petitioner and pass appropriate order according to law
on it within one month from the date of receipt of this order or
from the date on which a copy of this order is produced before the
learned Magistrate.
Miscellaneous petitions, if any pending, in the Writ Petition,
shall stand closed.
_____________________________________________
JUSTICE CHEEKATI MANAVENDRANATH ROY
Date: 23.06.2022
Note: Issue CC by 24.06.2022
B/o
AKN
THE HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY
WRIT PETITION No.9792 of 2022
Date: 23-06-2022
AKN
