Sri M.M.Vasu vs The Commissioner Of Police, ...
2022 Latest Caselaw 4623 Tel

      THE HON'BLE THE CHIEF JUSTICE UJJAL BHUYAN
                                       AND
       THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY

                  Writ Appeal No.497 of 2007

JUDGMENT:     (Per the Hon'ble the Chief Justice Ujjal Bhuyan)



      None      appears             for       the         appellant,       though

Mr. T. Srikanth Reddy, learned Government Pleader for

Home is present on behalf of respondent Nos.1 and 2.

2. The writ appeal has been preferred against the

common judgment and order dated 06.02.2007 passed by

the learned Single Judge dismissing W.P.No.1847 of 2007

filed by the appellant as the writ petitioner.

3. A large number of writ petitions were filed before the

learned Single Judge, including W.P.No.1847 of 2007,

questioning the inaction of respondent Nos.1 and 2 in not

conducting enquiry into the activities of the private

respondents and consequently not registering First

Information Report (briefly, 'the FIR' hereinafter). After

considering various provisions of the Code of Criminal

Procedure, 1973 (briefly, 'the Cr.P.C.' hereinafter), learned

Single Judge came to the conclusion that the appellant has

an alternative remedy of filing private complaint under

Section 200 of Cr.P.C. Therefore, all the writ petitions were

not entertained and were accordingly dismissed by the

common judgment and order dated 06.02.2007. While

dismissing the writ petitions, it was clarified by the learned

Single Judge that if any police case was already registered

on the basis of the FIRs, the same should be proceeded in

accordance with law. It is against this decision of the

learned Single Judge that the present appeal has been

filed.

4. In Ram Kishan Fauji vs. State of Haryana1,

Supreme Court has clarified that against an order of the

learned Single Judge declining the prayer for registration of

FIR, further letters patent appeal like writ appeal would not

be maintainable.

5. In view of the above, the writ appeal is dismissed.

Miscellaneous applications pending, if any, shall

stand closed. However, there shall be no order as to costs.

______________________________________ UJJAL BHUYAN, CJ

______________________________________ C.V.BHASKAR REDDY, J 14.09.2022 JSU

(2017) 5 SCC 533