Syed Affan Ali vs The State Of Telangana,
2022 Latest Caselaw 1432 Tel

THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
                                 AND
    THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI



            WRIT APPEAL No.1145 of 2018

JUDGMENT:   (Per the Hon'ble the Chief Justice Satish Chandra Sharma)


     The present writ appeal is arising out of an order

dated 09.10.2017 passed by the learned Single Judge

in W.P.No.33450 of 2017.


     The facts of the case reveal that the writ petition

was preferred by the appellant/writ petitioner alleging

that the appellant/writ petitioner has submitted a

complaint to the police against the President and

Treasurer of Madeena Masjid at Nalgonda in respect of

misappropriation of funds and no FIR has been

registered in the matter. The learned Single Judge has

disposed of the writ petition with a liberty to the

appellant/writ petitioner to take recourse to the

remedies available under the Wakf Act as well as the

other remedies.      Meaning thereby, the appellant/writ
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petitioner wanted the FIR to be registered in the matter

against certain persons.


         Learned Government Advocate, at the outset, has

drawn        the    attention   of       this   Court   towards   the

judgment delivered by the Hon'ble Supreme Court in

the case of M.Subramaniam and another v. S.Janaki

and another1 and his contention is that in the light of

the aforesaid judgment, the High Court cannot direct

registration of FIR.       He has also stated that the writ

appeal is also not maintainable in the light of the

judgment delivered in the case of Ram Kishan Fauji v.

State of Haryana and others2.


         In the considered opinion of this Court, keeping

in view the facts and circumstances of the case and

also the judgments delivered by the Hon'ble Supreme

Court in the aforesaid cases, no case for interference is

made out in the matter in respect of the order passed

1
    (2020) 16 SCC 728
2   (2017) 5 SCC 533
                            3




by the learned Single Judge.          The appellant/writ

petitioner shall certainly be free to avail the other

remedies available under the law.

     The writ appeal is accordingly disposed of.

     The miscellaneous applications pending, if any,

shall stand closed. There shall be no order as to costs.




                         ______________________________________
                           SATISH CHANDRA SHARMA, CJ




                         ______________________________________
                            ABHINAND KUMAR SHAVILI, J


23.03.2022

vs