Andhra Pradesh High Court - Amravati
Bandaru Mrudula Alias Billakurthi ... vs The State Of Ap on 26 September, 2024
APHC010415372024
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3396]
(Special Original Jurisdiction)
THURSDAY, THE TWENTY SIXTH DAY OF SEPTEMBER
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SMT JUSTICE VENKATA JYOTHIRMAI PRATAPA
WRIT PETITION NO: 21395/2024
Between:
Bandaru Mrudula Alias Billakurthi Mrudula ...PETITIONER
AND
The State Of Ap and Others ...RESPONDENT(S)
Counsel for the Petitioner:
1. GOWRI SANKAR CHEEKATLA
Counsel for the Respondent(S):
1. GP FOR HOME
The Court made the following order:
This Writ Petition is filed under Article 226 of the Constitution of India,
seeking the indulgence of the Court with the following prayer:
"...to issue a writ, order or direction more particularly one in the nature
of writ of mandamus declare the action of Respondent Nos. 2 to 5
especially respondent No.4 & 5 in not registering the FIR against the
respondents 6 to 11 on the complaint dated 14.09.2024 given by the
Petitioner as illegal, arbitrary and contrary to the provisions of the
Bharatiya Nagarik Suraksha Sanhita, 2023 and also violation of
principles of natural justice and also volatile of Article 14, 19 and 21 and
of the Constitution of India and consequently direct the Respondent
No.4 and 5 to register the FIR basing on the complaint of the petitioner
dated 14.09.2024 and taken appropriate action against the respondents
6 to 11 in accordance with law and pass such... ".
2. Heard Sri Cheekatla Gowri Shankar, learned counsel for the Petitioner.
Learned Assistant Government Pleader for Home takes notice for official
Respondents/State.
3. The grievance of the Petitioner is that the Petitioner lodged a complaint
against the Respondent Nos.6 to 11 alleging that they subjected the
complainant to cruelty. Hence, the Petitioner made a complaint to the Police
on 14.09.2024. Inspite of the same, they have not registered the case against
the unofficial Respondents.
4. In short, the prayer sought in this W.P. is being aggrieved by non-
registration of FIR. The law on the point of maintainability of a writ petition
seeking direction to register an FIR is settled. This Court in Kaja Rama Rao
v. State of A.P., and others1, while reiterating the position of law in Sri
Chegireddy Venkata Reddy v. Government of Andhra Pradesh2, Nagisetti
Kodanda Ramaiah v. State of Andhra Pradesh,3 A. Venkata Narasu Babu
v. State of Andhra Pradesh,4 and K.V. Bhaskar v. State of Andhra
Pradesh and others5, has held as follows;
"35. It is an absolutely settled legal position that vide Section
154(1), it is the bounden duty of the police official and upon failure,
the remedies, vide Sections 154(3), 156(3), 190, 200, come into
2024 (1) ALT (Cri.)(A.P) 54 ( S.B. )
2020 (5) ALT 24
2023 SCC OnLine AP 3141
(2020) Supreme (AP) 510
(2023) 1 AmLJ 117
rescue of the informant. Because of these readily engrafted
provisions, writ remedy cannot be exercised in a routine or casual
manner. Thus, it is safe to conclude that the writ of mandamus can
be declined when it is sought to direct registration of FIR,
before/without exhausting the available statutory remedies.
However, being an extraordinary jurisdiction, this Court may
exercise its jurisdiction in special and grave situations, which are
exceptional in nature depending on the facts and circumstances of
the case."
5. In the light of the judgments referred supra, this question does not
require any fresh consideration. In the light of the same, this Writ Petition is
disposed of granting liberty to the Petitioner to work-out her remedies as per
law, by filing a complaint before the learned Magistrate Court, in case, the
Police have failed to register the case.
6. With these observations, the Writ Petition is disposed of. No order as to
costs.
As a sequel thereto, interlocutory applications pending, if any, shall
stand closed.
______________________________________
JUSTICE VENKATA JYOTHIRMAI PRATAPA
Date : 26.09.2024
PSA
HON'BLE SMT. JUSTICE VENKATA JYOTHIRMAI PRATAPA
Writ Petition No.21395 of 2024
Dt.26.09.2024
PSA
