Lakshmi Suri vs The State Of Telangana
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Telangana High Court

Lakshmi Suri vs The State Of Telangana on 12 November, 2025

Author: N.Tukaramji

Bench: N.Tukaramji

       THE HONOURABLE SRI JUSTICE N.TUKARAMJI

               WRIT PETITION No.22385 OF 2018

ORDER:

This Writ Petition is filed with the following relief:

"...to issue a Writ of Mandamus or any other appropriate writ, order or direction, directing the 1st respondent i.e., the state of Telangana represented by its Principal Secretary, Home Department, Hyderabad, to direct. the 2nd respondent i.e, the Commissioner of Police, Rachakonda, to comply with Section 154 (3) of the Criminal Procedure Code and direct the Station House Officer vanasthalipuram police Station to book the respondents 5 to 8 herein under Section 420 of the Indian Penal Code and arrest them as required under Section 157 of the Criminal Procedure Code in the interests of justice and/or pass...."

2. None appeared on behalf of the petitioner.

3. I have heard Mr.M.Srinivas, learned Assistant Government

Pleader for Home appearing for respondent Nos. 1 to 4.

4. Learned Assistant Government Pleader for Home submits

that the petitioner's representation dated 15.05.2018 was duly

considered by the concerned police. As the issues raised therein

were found to be civil in nature, the petitioner was advised to

pursue appropriate civil remedies, and the representation was

accordingly closed. Hence, the allegation of inaction on the part

of the respondent police authorities is without substance, and

dismissal of the writ petition is sought.

5. I have perused the material on record.

6. The petitioner's grievance is that the respondent police

authorities failed to register a complaint against the unofficial

respondents and did not provide protection. However, the

explanation offered by the police reflects that the petitioner's

representation was examined, and in the exercise of their

discretion, they declined to register a crime on the ground that

the dispute is civil in nature. In this view of the matter, the

allegation of inaction on the part of the police is unfounded.

7. Further, if the petitioner is still aggrieved by the non-

registration of a crime, he ought to avail the statutory remedies

available under the Code of Criminal Procedure / Bharatiya

Nagarik Suraksha Sanhitha. It is now well settled that, in the

absence of exceptional circumstances and without exhausting

efficacious alternative remedies under the Cr.P.C./BNSS, a writ

petition seeking a direction for registration of a crime under

Article 226 of the Constitution of India is not maintainable. This

legal position is fortified by the judgment of the Hon'ble Supreme

Court in M. Subramaniam v. S. Janaki & Others (AIR 2020 SC

387).

8. In view of the settled legal position and in the absence of

any exceptional circumstances, the present writ petition is not

maintainable. However, reserving the petitioner's right to avail

appropriate remedies available under law before the concerned

Magistrate, the writ petition is disposed of. There shall be no

order as to costs.

Miscellaneous Petitions, pending if any, shall stand closed.

__________________ N.TUKARAMJI, J Date: 12.11.2025 mmr

THE HONOURABLE SRI JUSTICE N.TUKARAMJI

WRIT PETITION No.22385 OF 2018

Dated: 12.11.2025

mmr