Mr.Shaik Zafar, Vs The State of Telangana

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[3217 |

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

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TUESDAY,THE NINTH DAY OF SEPTEIVBER TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE N.TUKARAMJI

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WRIT PETITION NO: 14497 OF 2017

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Between:

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Mr.Shaik Zafai, S/o.Late Shaik Azeem, Aged about 43 years, Occ Business, Fl/o.H.No .8-3 -668/1/10, Jaiprakash Nagar Colony, (Post) Srinagar Colony, Yellareddyguda' Hyderabad

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...pETlroNER

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AND

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

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The Commissioner of Police, Basheerbagh, Hyderabad-TS

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The Deputy Commissioner of Police, West Zone, A.C.Guards, Hyderabad-TS 4. The lnspector of Police, Panjagutta Police Station, Panjagutta, Hyderabad 5. The lnspector of Police, Sanjeevareddy Nagar Police Station, Sanjeevareddy Nagar, Hyderabad

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Mr.Shaik Zakir, S/o. Late Shaik Azeem Aged about 41^years, Occ Business, Rl/o.H.No.8-3-668/1/1 0, Jayaprakash Nagar, Ameerpet, Hyderabad

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tvlr.Shaik Arshad Taher, S/o.Late Shaik Taher, Aged about 22^years, Occ Business, R/o.H.No.20-4-1041212, Panch l/ohalla, Beside Charminar Stand, Hyderabad

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B. Mr.lr/ujahid, S/o.Ahmed Hussain, Aged about 45^years, Occ Business, Rl/o.Bandlaguda, Hyderabad

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...RESPONDENTS

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Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus by declaring the action of the Official Respondent Nos.1 to 3 more particularly the Respondent No.3 in not considering the Writ Petitioners written representation dt. 13-04-2017 as well as not providing police protection to Petitioner and his family members against the Unofficial 'Respondent Nos.6 to B, despite crimes are pending against them in FIR No.652 of 2O16 dt.20- 09-2016 before the Respondent No.4 herein and in FIR No.288 of 2017 before the Respondent No.5 herein, besides the fact that both the said police stations are

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neither completing the investigation nor filing their Charge Sheets for the reasons best known to lhem, as arbitrary, discriminatory, highhanded and ex-facie illegal, dereliction of duty and also violation of Article^'14 of Constitution of lndia and consequently may direct the Respondent Nos.2 and 3 to consider and dispose of the Writ Petitioners written representation dt.13-O4-2O17 by^giving him proper opportunity of fair hearing in the interest of^justice

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l.A. NO:1OF 2017(WPMP. l{O: 17964 OF 20171

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the^petition, the High Court may be pleased to direct the Respondent Nos.2 & 3 in consider and dispose of the Writ Petitioner's written representation dt.13-04- 2017 by giving him proper opportunity of fair hearing, in the interest of^justice pending disposal of the main Writ Petition

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Counsel for the Petitioner: SRl. NAZIR AHMED KHAN

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Counsel for the Respondent Nos. 1to5: SRI R. LAXMIKANTH REDDY, AGP FOR HOME

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Counsel for the Respondent Nos. 6to8: -

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The Court made the following: ORDER

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THE HONOURABLE SRI JUSTICE N.TUKARAMJI

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S7RIT PETITION No.14497 OF 2017

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ORDER:

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This Vrit Petition is filed under Ardcle 226 of Constitution of India seeking the following reliefls:-

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"... to issue a^1Writ, Onder or Dtecdon more particularly one in the nature of W'rit of Mandamus by declaring the action of the Official Respondent Nos.1 to 3 more panicuJarly the Respondent No.3 in not considering the Vrit Petitioners N.ritten represernation dt.13-04-2017 x well as not providing police protection to Petitioner and his family members against the Unofficial Respondent Nos.6 to 8, despite crirrrcs are pending agairst them in FIR No.652 of 2016 dr.2$ @-2016 before the Respondent No.4 herein and in FIR No288 of 2017 before the fuspondent No.5 herein, besides the fact that both the said police statiors are neither completing the investigation nor filing their Charge Sheets for the reasons best known rc thern, as arbitrary, discriminatory', highhanded and ex-facie illegal, dereliction of dury and also violation of Anicle 14 of C-orstinnion of India and consequently may direct the Respondent Nos.2 and 3 to consider and dispose of the Writ Petitionen written representadon dr.l3-04-2017 by grrrg him proper opponuniry of fair hearing in the inrertst of^justice..... ."

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None appeared on behalf of the petitioner.

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I have heard Mr.Rlaxmikanth Reddy, learned fusistant

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Govemment Pleader for Home appearing for respondent Nos.

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1 to 5 and^ltarned counsel for the unofficial respondenc.

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Leamed Assistant Govemment Pleader for Home submitted

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that the grievance of the petitioner pertains to the alleged inaction of the respondents in providing police protection pursuant to-thE

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representation dated 13.04.2017. He contended that if the

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concemed police authorities have not acted upon such representation, the petitioner has effective ahemative remedies available under law.^\Without exhausting those remedies, invocation of the writ^jurisdiction of this Court is not maintainable, as has been cons istently held in^j udicial pronouncements.

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Leamed cou.nsel for the unofficial respondents submined that the petitioner and the unofficial respondents are closely related, and several disputes are pending berween thern It was further pointed out that the said disputes are already under adudication before the Gvil Court in O.S. No.196 of 20lt on the file of the III Additional Chief Judge, Gty Gvil Court, Hyderabad. The present allegations, according to him, are nothing but an attempt to conveft a civil dispute into a criminal one. In view of the pendency of the civil proceedings, it was submitted that the present cause has become infructuons.

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I ha-ve perused the materials on record.

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The grievance of the petitioner is that his representation seeking police protection has not been duly considered by the concemed police authorities. It is now well setded that in cases where the police fail to take action on a representation or report, the proper course available to an aggdeved penon is to pursue the effective and efficacious remedies provided under the Code of Criminal Procedure, 1973 (now replaced by the Bharatja l{agaik Sura,ksha Sanhita, 2023). In particular, remedies under Sections 154(3), 156(3), and 200 G.P.C (or the corresponding provisions under BNSS) are available to a complainant for seeking appropriate redressal.

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In the absence of any such recourse being taken, and in the absence of exceptional or extraordinary circumstances, invocation of the writ^jurisdiction of this Coun under Ardcle 226 of the C-onstitution of India is not maintainable. This senled legal position has been authoritatively laid down and reiterated by the FIon'ble Supreme Court in M. Subrarzaniam u. S. Janaki dy Otbers (AIR 2020 SC 387), wherein a Three-Judge Bench categorically held that when

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rhe^{grievance relates to the refusal of the policeto register a case,} rh. Hgh^{Court should ordinarilydeclineto entertain a writ petition} nnder^{Article226, sinceadequate statutory remediesexist tnderthe} G.P.C^{The principle was earlier recognized n Sakii Vasu a. Sun of} U.p.^{(AIR2008 SC90Z), w'here it was emphasizedthat Flgh Courts} should^{refrain from exercisingwrit jurisdictionin such rrnfters,} except^{in rareand exceptiond sfuuatiors.}

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In^{light of these settled principles,the presentwrit petition,} which^{challenges the allegedinaction of the respondent/police} authorities,^{is not maintainable.However,the righa of the} petitioner^{to avail appropriateremediesas provided under law are} expressly^{reserved,should the cause of actionstill subsist.}

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Accordingly,^{this writ} Petition^{is dismissed. Thereshall be no order} as to cost-s.

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Miscellaneous^{Petitions, pending if any, shall stand closed.}

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,TRUE COPY//

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Sd/. P.C.SULEKHA^DEVI ASSTSTANT REgISTRAR SECTIOK6FFICER

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/

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To,