Andhra Pradesh High Court - Amravati
Between vs S.Janaki And Another on 17 October, 2024
APHC010347022024
IN THE HIGH COURT OF ANDHRA
PRADESH
[3368]
AT AMARAVATI
(Special Original Jurisdiction)
THURSDAY ,THE SEVENTEENTH DAY OF OCTOBER
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI
WRIT PETITION NO: 17697/2024
Between:
Garnepudi Venkata Subba Lakshmi ...PETITIONER
AND
The State Of AP and Others ...RESPONDENT(S)
Counsel for the Petitioner:
1. T K BASHA VALI
Counsel for the Respondent(S):
1. GP FOR HOME
The Court made the following:
ORDER:
This Writ Petition is filed by the petitioner, under Article 226
of the Constitution of India, seeking 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
Respondents in not registering the FIR on the complaint sent
by the petitioner through RPAD dt. 13.06.2024 which was
received by the Respondents on 14.06.2024 and not taking
action against the persons named in the petition by calling the
connected records as per law is illegal irregular arbitrary
unjust violative of articles 19, 20 and 21 of the Constitution of
India and consequently direct the respondents to register the
FIR on the complaint dated 13.06.2024 through RPAD by the
petitioner and received by Respondents on 14.06.2024 and
pass......"
2. Heard learned counsel for the petitioner and Sri S.Sarath
Kumar, learned Assistant Government Pleader for Home.
Perused the record.
3. 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.
4. 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
Cr.P.C, then he can approach the Superintendent of Police under
Section 153 Cr.P.C. 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) Cr.P.C.
CrPC before the learned Magistrate concerned. If such an
application under Section 156(3) Cr.P.C. is filed before the
2020 (16) SCC 728
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 Magistrate can also under the same provision
monitor the investigation to ensure a proper investigation.
5. In that view of the matter, the petitioner is at liberty to
approach the learned magistrate for necessary relief by filing
private complaint.
6. 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
17.10.2024.
VNB
THE HONOURABLE SRI JUSTICE B.V.L.N. CHAKRAVARTHI
WRIT PETITION No:17697 of 2024
Date: 17.10.2024
VNB
