Andhra Pradesh High Court - Amravati
Maddula Sunitha vs The State Of Ap on 14 October, 2022
1
CMR, J.
W.P.No.33561 of 2022
THE HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY
Writ Petition No.33561 of 2022
ORDER:
The grievance of the petitioner in this writ petition is that the
report lodged by her before the police is not considered and
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 and 2.
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,
CMR, J.
W.P.No.33561 of 2022
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. Considering the judgment of the Supreme Court in the case
of Sakiri Vasu v. State of U.P.2, this Court has again recently in
Yellamelli Arjunudu v. The State of A.P.3 held that the Writ
Petition seeking direction to the police to register the F.I.R. on the
report lodged by the petitioner is not maintainable in the given
facts and circumstances of the case.
(2014) 2 SCC 1
(2008) 2 SCC 409
Order dated 20.10.2021 passed in W.P.No.22883 of 2021.
CMR, J.
W.P.No.33561 of 2022
6. Therefore, this writ petition is dismissed as not
maintainable. No costs.
The miscellaneous petitions pending, if any, shall also stand
closed.
________________________________________________
JUSTICE CHEEKATI MANAVENDRANATH ROY
Date:14.10.2022.
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