Gangasani Srinivasa Reddy vs The State Of Ap
2024 Latest Caselaw 9286 AP

Andhra Pradesh High Court - Amravati

Gangasani Srinivasa Reddy vs The State Of Ap on 14 October, 2024

APHC010450822019

                    IN THE HIGH COURT OF ANDHRA
                        PRADESH AT AMARAVATI                  [3368]
                      (Special Original Jurisdiction)

        MONDAY, THE FOURTEENTH DAY OF OCTOBER
           TWO THOUSAND AND TWENTY FOUR

                                PRESENT

 THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI

                   WRIT PETITION NO: 268/2020

Between:

Gangasani Srinivasa Reddy                            ...PETITIONER

                                   AND

The State Of Ap and Others                      ...RESPONDENT(S)

Counsel for the Petitioner:

1. SASANKA BHUVANAGIRI

Counsel for the Respondent(S):

1. GP FOR HOME (AP)

2. BALGURI SRINIVAS

The Court made the following order:

This Writ Petition under Article 226 of the Constitution of India is filed for the following relief:

"to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction of the 4th respondent in registering FIR based on reports of the petitioner dated 09092019 as illegal unconstitutional and violation f Articles 14 21 of Constitution of India and also section 1541 and 154 3 of Cr P 0 and consequently

direct the 4th respondent to register FIR based on the reports of the petitioner dated 0909 2019and pass such..."

2. Learned Assistant Government Pleader representing the

State on written instructions would submit that the preliminary

enquiry of the police would reveals that the case is of civil in

nature and therefore, no FIR was registered.

3. The Hon'ble Apex Court in the case of M.Subramaniam

Vs. S.Janaki and another1, held that if a person has a grievance

that the police station is not registering his FIR under Section 154

CrPC, then he can approach the Superintendent of Police under

Section 154(3) CrPC by an application in writing. Even if that

does not yield any satisfactory result in the sense that either the

FIR is still not registered, or that even after registering it no proper

investigation is held, it is open to the aggrieved person to file an

application (2008) 2 SCC 409 under Section 156(3) CrPC before

the learned Magistrate concerned. If such an application under

Section 156(3) is filed before the Magistrate, the Magistrate can

direct the FIR to be registered and also can direct a proper

investigation to be made, in a case where, according to the

aggrieved person, no proper investigation was made. The

2020 (16) SCC 728

Magistrate can also under the same provision monitor the

investigation to ensure a proper investigation.

4. In that view of the matter, the petitioner is at liberty to

approach the learned magistrate for necessary relief by filing

private complaint.

5. In view of the judgment referred above, the Writ Petition is

closed. There shall be no order as to costs.

As a sequel thereto, the interlocutory applications, if any,

pending in this Writ Petition shall stand closed.

________________________ ____ JUSTICE B.V.L.N. CHAKRAVARTHI 14.10.2024.

PSA

THE HONOURABLE SRI JUSTICE B.V.L.N. CHAKRAVARTHI

WRIT PETITION NO: 268 of 2020

Date: 14.10.2024

PSA