NO WRIT IF POLICE FAILED TO REGISTER A CASE = In view of the Judgment in the case of M.Subramaniam and
another Vs. S. Janaki and another, the Writ Petition is not maintainable,
questioning the inaction of the respondents in not registering the
crime against the petitioner. Therefore, the remedy opened to the petitioner is to follow
the procedure prescribed under the Code of Criminal Procedure,
1973 and file a private complaint against the unofficial
respondents 5 to 7 .
AP HIGH COURT
THE HON’BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION No.13946 OF 2020
ORDER:-
This Writ Petition is filed under Article 226 of Constitution of
India, to declare the action of respondents in not providing police
protection to petitioner inspite of her representation dated
03.07.2020, as illegal and arbitrary and direct the respondent
authorities to provide protection to her life and also provide police
aid to construct her house in plot bearing No.940 situated in
Sy.No.285, 286 and 287 of Gollapalli Village, Bobbili Mandal,
Vizianagaram District.
2. Though the petitioner made several allegations questioning
the inaction of the respondent-police despite lodging of complaint
dated 03-07-2020 and on subsequent dates about the alleged
interference with the property of petitioner by the private
respondents 5 to 7, it is clear from the material on record that the
respondents 5 to 7 are making attempts to interfere with the
possession and enjoyment of the property of this petitioner during
night time and the petitioner raised walls upto basement level and
respondents threatened to kill her, if she completes construction
work. The alleged threat to kill petitioner would attract a
cognizable offence punishable under Section 506 of the Indian
Penal Code, 1860. But the police did not register any crime,
despite disclosing the factum of commission of cognizable offence
in the complaint itself. Thus, the respondent No.4 failed to
discharge his public duty.
2
3. In view of the Judgment in the case of M.Subramaniam and
another Vs. S. Janaki and another (Criminal Appeal No.102 of
2011 dated 20-03-2020), the Writ Petition is not maintainable,
questioning the inaction of the respondents in not registering the
crime against the petitioner.
4. Therefore, the remedy opened to the petitioner is to follow
the procedure prescribed under the Code of Criminal Procedure,
1973 and file a private complaint against the unofficial
respondents 5 to 7 and this Court cannot issue a direction by way
of Writ of Mandamus under Article 226 of Constitution of India in
view of law laid down in M.Subramaniam’s case (referred supra).
Hence, the petitioner is permitted to follow the procedure
prescribed under law and lodge appropriate private complaint
before the jurisdictional Magistrate, while dismissing the petition,
at the stage of admission itself, in view of law laid down by this
Court in W.P.No.8384 of 2020 and batch dated 30-07-2020.
5. Accordingly, the Writ Petition is dismissed. There shall be
no order as to costs.
Miscellaneous petitions pending if any, in this writ petition,
shall stand closed.
_________________________________________
JUSTICE M.SATYANARAYANA MURTHY
Date : 24-08-2020
ARR
3
THE HON’BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION No.13946 OF 2020
Date : 24-08-2020
ARR
AP HIGH COURT
| Main Number | WP 13946/2020 | SR Number | WPSR 17239/2020 |
| Petitioner | Ommi Satya Devi | Respondent | The State of Andhra Pradesh |
| Petitioner Advocate | CH B R P SEKHAR | Respondent Advocate | GP FOR HOME |
WRIT PETITION No.13946 OF 2020
ORDER:-
This Writ Petition is filed under Article 226 of Constitution of
India, to declare the action of respondents in not providing police
protection to petitioner inspite of her representation dated
03.07.2020, as illegal and arbitrary and direct the respondent
authorities to provide protection to her life and also provide police
aid to construct her house in plot bearing No.940 situated in
Sy.No.285, 286 and 287 of Gollapalli Village, Bobbili Mandal,
Vizianagaram District.
2. Though the petitioner made several allegations questioning
the inaction of the respondent-police despite lodging of complaint
dated 03-07-2020 and on subsequent dates about the alleged
interference with the property of petitioner by the private
respondents 5 to 7, it is clear from the material on record that the
respondents 5 to 7 are making attempts to interfere with the
possession and enjoyment of the property of this petitioner during
night time and the petitioner raised walls upto basement level and
respondents threatened to kill her, if she completes construction
work. The alleged threat to kill petitioner would attract a
cognizable offence punishable under Section 506 of the Indian
Penal Code, 1860. But the police did not register any crime,
despite disclosing the factum of commission of cognizable offence
in the complaint itself. Thus, the respondent No.4 failed to
discharge his public duty.
2
3. In view of the Judgment in the case of M.Subramaniam and
another Vs. S. Janaki and another (Criminal Appeal No.102 of
2011 dated 20-03-2020), the Writ Petition is not maintainable,
questioning the inaction of the respondents in not registering the
crime against the petitioner.
4. Therefore, the remedy opened to the petitioner is to follow
the procedure prescribed under the Code of Criminal Procedure,
1973 and file a private complaint against the unofficial
respondents 5 to 7 and this Court cannot issue a direction by way
of Writ of Mandamus under Article 226 of Constitution of India in
view of law laid down in M.Subramaniam’s case (referred supra).
Hence, the petitioner is permitted to follow the procedure
prescribed under law and lodge appropriate private complaint
before the jurisdictional Magistrate, while dismissing the petition,
at the stage of admission itself, in view of law laid down by this
Court in W.P.No.8384 of 2020 and batch dated 30-07-2020.
5. Accordingly, the Writ Petition is dismissed. There shall be
no order as to costs.
Miscellaneous petitions pending if any, in this writ petition,
shall stand closed.
_________________________________________
JUSTICE M.SATYANARAYANA MURTHY
Date : 24-08-2020
ARR
3
THE HON’BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION No.13946 OF 2020
Date : 24-08-2020
ARR
