Udaru Vishnuvardhan Reddy vs The State Of A.P
2024 Latest Caselaw 734 AP

Andhra Pradesh High Court - Amravati

Udaru Vishnuvardhan Reddy vs The State Of A.P on 25 January, 2024

              HON'BLE Ms. JUSTICE B.S.BHANUMATHI

                     WRIT PETITION No.1710 OF 2018

ORDER:

The Writ Petition is filed seeking the following prayer:

"...to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents

2 to 5 in not taking action and registering the FIR on the petitioner's complaint dated 07.11.2017 as illegal, arbitrary and against the directions of Hon'ble Supreme Court Judgment in Lalitha Kumari Vs Government of Uttar Pradesh and consequently direct the respondents 2 to 5 to act upon petitioner's complaint dated 07.11.2017 by arresting the respondents 6 and 7 in accordance with the Code of Criminal Procedure, and to pass such other order..."

2. Heard Sri B.Bhojaram, learned counsel representing Sri

R.Ramanjaneyulu, learned counsel for the petitioner.

2. As per the written instructions dated 24.01.2018, the learned

Assistant Government Pleader for Home submitted that the case in

Crime No. 61 of 2017 dated 07.10.2017 was registered against the

petitioner and S. Hussain Basha under Section 304-II r/w Section 34

IPC. He submitted that the petitioner lodged a false complaint dated

07.11.2017 against respondents 6 and 7 herein, and in that

connection, the Midhur Police entered the same into the General Diary

and informed the same to the petitioner. He further submitted that as

per the decisions of this High Court dated 01.12.2023 in W.P.No.29605 of 2022, the relief sought by the petitioner is not

maintainable and the petitioner has to avail his remedies under

proper provisions of law.

"This Court is of the view that the remedy open to the petitioner is to take recourse under other provisions of the CrPC and not by seeking relief under Article 226 of the Constitution of India for issuance of a writ of mandamus."

3. If the petitioner is still aggrieved by the inaction of respondents

1 to 5, the remedy open to him is as held by this Court in the above

said writ petition.

4. Accordingly, the writ petition is disposed of giving liberty to the

petitioner to avail remedies as per law. There shall be no order as to

costs.

Pending miscellaneous applications, if any, shall stand closed.

_____________________ B.S.BHANUMATHI, J Date: 25.01.2024 BSK

HON'BLE Ms. JUSTICE B.S.BHANUMATHI

WRIT PETITION No.1710 OF 2018

Date: 25.01.2024

BSK