Disposed

L. Jaswanth Reddy v. The State of Telangana

Telangana HC7 Apr 2025WP/10283/2025

Case brief

AI extract

What is this about?

Writ petition seeking a direction to police to register an FIR for trespass on the petitioner's land. Following earlier orders of this Court and Supreme Court precedent, the Court held that CrPC/BNSS provide complete alternate remedies, and disposed of the petition permitting recourse to a private complaint before the Magistrate.

What did the court decide?

No direction to register FIR; liberty given to file a private complaint before the concerned Criminal Court; miscellaneous petitions closed; no costs.

L. Jaswanth Reddy Vs The State of Telangana — Quashing and FIR | Telangana HC (2025)

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[³¹⁶⁶ ]

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)

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MONDAY, THE SEVENTH DAY OF APRIL TWO THOUSAND AND TWENry FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE T.VINOD KUMAR

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WRIT PETIT o NO: 10283 OF 2025

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Between:

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L. Jaswanth Reddy, S/o. Late Narayan Reddy, aged about 63 years, Occ Business, R/o. Flat-No. 402, Meghasri:e Apartment,-iVladhapur. Hyrlerabad.

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...PET}TIONER

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AND

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1 The State of .Telangana, Rep. by its Principal Secretary, Home Department, Secretariat, Hyderabad.

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The Station House Officer, Shadnagar, Police Station, Shadnagar, Ranga Reddy District.

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3 flyyyb qfqh, Sio late RalaQ Shah, aged about 55 years, Occ Business, R/o. H. No.28-21111, Khaxipural Colony, Faroognagar, Ranga Reddy District.

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Banu, Wo. tvloin Shah, aged about 38 years, Occ Housewife, R/o. H. No. 2821 1/1, Khaxipural Colony, Faroognagar, Ranga Reddy Distric{.

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5 4fti!, Qlo. Mqin Sfrah, aged about 23 years, Occ Househotd. Fi/o H. No 2821111, Khaxlp.ural Colony, Faroognagai, Ranga Reddy Distrid.

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Ejaj Shah, $/o. Late Lal Shah, aged abqut 54 years, Opc Busines$, R/o. H. Np. 19-4-340134rc0, Kondared-dy guda, ' Kishan Bagn, Bahiidurpura, Hyderabad..

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...RESPONDENTS

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Petition under Article 226 ot the Cqnstitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Gourt may be pleased to issue a1 order or direction more particularly one in the nature of Writ of l\randa&B declaring the action of the 2nd respondent police in not taking cognizance of the complaint dated 25-03 2025 as lodged by the petitioner as against the unofficial respondents for their illegal trespass and in illegally removing the boundary stones to the residential plots which the petitioner have ,aid as per DTCP layout In Sy. No. 220, admeasuring Ac.12-31 guntas at

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Farooqnagar village and Mandal,^{RangaReddy District, thoughthe unofficial} respondents having no right over the^{above land have illegally trespassedinto} the above land and further though the^{petitioner have made oJt a prima facie} offence as committed by the unoffigial^{resporldents,as illegal, unlawful, contrary} to law and consequently direct^{the 2nd qespon{entpolice} to^{takeimmediate} action as against the unofficial respondQntE^{for their illegql lrespassand in} illegally removing the boundary stones^{to the residential plotq in Sy. No. 220-}

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lA NO: 1 OF 2025

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Pgtitioq^{under Sqction151} CPC^{prayiQg that in} the^{qirpurnslances stated} in the affidayit^{filed in support of the petition,the High} QouS^{maybq ploasedtp} issue interim^grder directing the^{2nd respopdgnt} Police^{to tallq cognizanceof} the complaipt dated 25-03-2025 as^{lodged by} the^{petitioner as} 4gainst^{the unofficial} respondents for their illegal trespasl^and in^{il|egally rempving} !he. boundary stones to the land in Sy No. 220, admeaquqing^{Aa 12-31 gttntas} at^Faraqqnagqr Village and [r/andal, RAnga Reddy^{Distric.!,pQndingdisposal} 9f^rqainWrit Petition.

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Counsel for the Peti'lioner: SRI^{M.DAMODAB REgDY}

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lkL

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Counse! for the Respondent Nos$P FOR HOME

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The^Cqurt mqde^{the folloyving;ORQER}

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---------r'

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THE HON'BLE SRT JUSTICE T. VINOD KUMAR

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W.P.No.10283 of 2025

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ORDER:

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The grievance of the petitioner in the present Writ petition is that the respondents-authorities, basing on the complaint made by the petitioner, are not initiating action to register FIR against the unofficial respondent(s), which action of the respondents it is contended as highly illegal and arbitrary.

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Heard learned Counsel for the petitioner, the learned Government Pleader for Home appearing for the official respondents, and with the consent of the learned counsel appearing for the respective parties, the writ petition is taken up for hearing and disposal at admission stage.

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Having regard to the nature of /s involved in the Writ petition and the manner of disposar, this court is of the view that notice to unofficiar respondent(s) is not necessary for adjudication of the present Writ Petition.

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Learned counsel appearing on behalf of petitioner and learned Government Pleader for Home appearing for official respondents submit that the issue involved in the present Writ petition is squarely covered by a decision of this Court in Wp.No.7159 of 2OZS & batch, dt.10.03.2025, whereby this Court held that both Cr.p.C. and BNSS being complete Code

i_l

--r

in itself, the petitioners therein are required to workout their remedies thereunder, and for the said reason a writ petition is not maintainable, and the said common order would apply in all force to the facG of the present case

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Having regard to the above submission, for reasons alike as were stated in the aforesaid Writ Petitions, videW.P.Nos.7159 of 2025 & batch, dt.10.03.2025, and in terms thereof, this Writ Petition i:; also disposed of. No order as to costs.

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Registry is directed to append a copy of the order^pabsed in W.P.Nos.7159 of 2025 & batch, dt.10.03.2025, to this order.

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Consequently, miscellaneous^petitions, if any,^pending in this writ

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petition shall stand closed.

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SD/-A. SRINIVASA^REDDY ASSISTANT REGISTRAR \ \t //TRUE COPY// SE:':TION OFFICER

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To,

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Hyderabad, State^of

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1. The Principal Secretary,^{Home Department,S} Telangana.

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The Station House^{Officer, Shadnagar,Police Station, Shadnagar' Ranga} Reddy Pistrict

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One CC to SRI^{M.DAMODAR REDDY, {dvocate IOPUCI}

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4.TwoCCstoGPFoRHoMF.HighqourtfortheStateofTelanganaat Hyderabad [OUT]

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Two CQ CoPies

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(Alqng wllh the copy^{of orderdated10.03.2025,in W.P'No'7159 ol 2025 &} batch)

BSR BS^V{

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HIGH^COURT

DATED:^0710412025

ORDER

WP.No.t0283^{of 2025}

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i tr.E S iA i
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Espartl$

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DISPOSING^{OF THE WRlr PETITIoN'} WITHOUT^GOSTS

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tl4 6cp \c+€Fo't

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THE HON'BLE SRI JUSTICE T. VINOD KUMAR

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w.P.Nos. 7tS;9.7176,7205,7214, and 7329 0f 2025

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COMMON ORDER:

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Since the grievance of the petitioners in all the writ^petitions is one and the same, these writ^petitions are being disposed of^{by this} common order-

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Heard learned Counsel for the petitioners and the learned Govemment Pleader for Home appearing for the official respondents and with the consent of the learned counsel appearing for^the respective parties, these writ petitions are taken up for^hearingand disposal at admission stage.

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Having regard to the nature of lis involved and the manner^of disposal, this Court is of the view that notice to unofficial^respondents in all these writ petitions is not necessary for adjudication^{of the} present Writ Petitions.

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Shorn of unnecessary details, the case of the^{petilioners in} brief is that the respondents-authorities are not^followingthe provisions of Section 15a(3) of the Cr.P.C., and Section 174 of the Bharatiya Nagarik Suraksha Sanhita^{(for short BNSS)by initiating} action to register FIRs against the unoffrcial respondents,^{respectively,} basing on the complaints made by the^petitioners, which^{action of the} respondents it is contended as highly illegal and^arbitrary.

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_ -!5

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Per contra,learned Government^{Pleaderfor Home appearingfor} ollicial respondents^{would submitthat for non} -^{registrar'ionof FIR,} the petitioners cannot^{invokethe jurisdiction of this Courtunder} Article 226 of the Constitution^{of India in view of the decision of this} Court in the case of Gouind^{Rcriu Saml Vs The Stdteof Telangana} and otherst. that in^{the event of the respondent SHOrefusing to} register FIR, the^{petitioners have a-lternate remediesprovided under} the Code of Criminal^{Procedure,1973 ot BNSS to seek ledressalof} their grievance; and that^{invokingthe jurisdiction of thisClourt under} Article 226 of the^{Constitutionof India withoutexhausting the} altemate remedies^{is contraryto the dicla laid downby the Hdn'ble} Supreme Court in the^{case of SakiriVcsu Vs State of Uttor} Pradesh2.

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I have taken note of^{the respective contentions rlrged and} perused the record.

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In simtlar circumstances,^{this Court in W'P'No 244)5 of 2O19,} dt.27.O4.2O2O,^{W.P.No.8189and 12691of 2O2O, dt1]1'01'2024,and} also in W.P.Nc 37446 of^{2022 and W.P.No'38397 of 2019, having} regard to the law laid^{down by a three-judge bench of the Supreme} Court in M. Sub':o;rrra;^{iam and Ors. ys' S' Janaki and Ots3'} wherein the dicta laid^{down by the Hon'ble Supreme C)ourt in the case}

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| 20r9 (4) ALD t74

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':^{2oo8 (2) scc409}

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r lzozoy te scc rzr

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of sokiri Tasz 3 case(2 supra) was reiterated, categorica y trerd that a Writ of Manda,"rus cannot be issued directing the respondentsauthorities to register an FlR/crime, even though the complaint filed indicates commission of art oflence

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This Court, in W.p.No.8l89 and, 12691 of 2O2O, dt.3t.Ot.2[24, having regard to the provisions of the Cr.p.C., had held that in the event of the Station House Officer not registering the crime basing on the complaint made, the complainant has to avail the remedy of approaching the Superintendent of police (for short .Sp), and in the event of the authorities, be it the SHO or the Sp, refusing to receive the complaint by registering a FIR and undertaking investigation, the complainant has the further remedy of approaching the concemed Magrstrate Court by liling a private complaint; and that on the Court being prima fao'e satisfied of the contents of the complaint disclosing commission of a cognizable offence, the Magistrate in exercise of powers conferred under the cr.p.c./BNSS can direct the officer_incharge of the police station to conduct investigation and submit a report. The above stated procedures envisage safety measures to ensure registration of a complaint, even if the SHO fails to register the FIR.

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In the facts of the present cases, admittedly, the petitioners herein did not show to this Court of they availing/exhausting the said remedies.

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*tr/

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In view of the above, and having regard to the^{positiorl of lawas} enunciated by the Apex Court, this Court is of^{the vierv} that^no direction to the respondents-authorities to r.egister^{rrn FIR on the} b4sis of the complaints lodged by the^{petitioners,respectively,canbe} issued. However, in the event ofthe^{petitioners being aggrievedby the} inaction of the respondents-authorities in not^{registering their} complaints, it is always open for the^{petitionersto avail the remedy of} fiIing a private complaint before the concerned^{Criminal Court.}

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Subject to the above observations, the^{Writ Petitions are} disposed of. No order as to costs.

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As a sequel miscellaneous^{petitions pending if ;uy shallstand}

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closed. No ord,'r as to costs.

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T. VINOD I('MAR, J

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loth March, 202 5

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gro

L. Jaswanth Reddy v. The State of Telangana

Case brief

What is this about?

What did the court decide?

L. Jaswanth Reddy v. The State of Telangana

Case brief

What is this about?

What did the court decide?

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