Dismissed

League Organization For Rural Development Society, v. The State of Telangana

Telangana HC8 Oct 2025WP/44551/2017

Case brief

AI extract

What is this about?

A society sought mandamus directing police to register and investigate its complaint alleging police inaction. Following Supreme Court precedent, the court held such a direction is not maintainable under Article 226 since the Cr.P.C. provides efficacious remedies before the Magistrate, and dismissed the petition.

What did the court decide?

None granted; writ petition dismissed as not maintainable, no order as to costs.

League Organization For Rural Development Society, Vs The… — Quashing and FIR | Telangana HC (2025)

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13217 |

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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(Special Original J urisdiction)

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WEDNESDAY,THE EIGHTH DAY OF OCTOBER 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: 44551 OF 2017

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Between:

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League Organization For Rural Development Society, H.No, 6-2-3, Grace Qortage^{, Gadwal Jogulamba GadwalDistrict. Rep by-FounderandDirector,} B.Abraham Ross.

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...PETITIONER

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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 Superintendent of Police, Jogulamba Gadwal District

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The Station House Officer, P.S Gadwal Town, Gadwal, Jogulamba Gadwal District

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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 an appropriate Writ , Order or Direction, more particularly one in the nature of Writ of ft/andamus, declaring the inaction of the 3rd Respondent in investigating into complaint dt. 27-11-2017, as being illegal, arbitrary and unconstitutional and consequently direct the Respondent No.3 herein to Register the complete and investigation case, and arrest the Accused

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lA NO: 1 oF 2017

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Petition under Section 151 CPC^praying that^{in the circumstancesstated} in the affidavit filed in support of the^{petition, the High Courtmay be pleasedto} direct the 3'd Respondent herein to^{forthwith Registerthe complaint} dt. 27-11-2017^pending dispcsal of^{the main Writ Petition}

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Counselfor the Petitioner:^{SRl. G. NATHESH REDDY}

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Counsel for the Respondents:^{AGP FOR HOME}

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The Court made the following:^ORDER

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THE HONOURABLE SRI JUSTICE^N.TUKARAMJI ON 7

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ORDER:

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This Writ Petition is filed^{with the followingrelief.}

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" . ..To issue a writ, order or direction, more particularly oneⁱⁿ the nature of Writ of^{Mandamus, declaringthe inactionof the} 3'd respondent in investigating^{into complaintdated} 27.11.2017, as being^{illegal, arbitraryandunconstitutional} and consequently direct^{the respondentNo.3 hereinto} register the complaint and complete^{the investigationandto} fite the charge sheef before^{the concernedA/lagistrate,.. . ."}

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None appears on behalf^{of the petitioner.}

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Heard learned Assistant^{Government Pleaderfor Home}

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appearing for respondent^{Nos. 1 to 3.}

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The learned Assistant^{GovernmentPleader for Home} submits that the relief^{sought in the present writ petition,namely,} a direction to the^{police authoritiesto registera criminal case, is} not maintainable under Articte^{226 of the Constitutionof lndia, in} view of the well-settled legal^{position laid down by the Hon'ble}

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Supreme Court.

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I have carefully^perused the materials^{placed on record.}

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The grievance of the petitioner, in substance, is that despite having written complaint dated 27.11.2017, the concerned^police authorities failed to register a case. Aggrieved by such^inaction, the petitioner has invoked the writ^jurisdiction of this Court under Article 226 of the Constitution of lndia, seeking a writ of mandamus directing the police authorities to register a crime.

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The legal position governing matters of this nature is well settled and in Sakiri Vasu v. Sfafe of U.P. & Others (AlR 2008 SC 907), the l-{on'ble Supreme Court categorically held that when the grievance pertains to the refusal of the police to register a First lnformation Report (FlR), the remedy of approaching the High Court under Articte 226 is ordinarily not available. The Court emphasized that the Code of Criminal Procedure, 1973 ("Cr.P.C.") provides an adequate and efficacious statutory framework to address such grievances

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This principle has been consistently reaffirmed in subsequent^judicial pronouncements. Most notably, in M. Subramaniam v. S. Janaki & Others (AlR 2020 SC 387), a threeJudge Bench of the Hon'ble Supreme Court clarified that the proper course for an aggrieved party is to avail the rumdii*..

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provided under the Cr.P.C., including approaching the Magistrate' under Sections 156(3) or 200^{Cr.P.C. rather than directly invoking} the writ^jurisdiction of the High^Court.

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ln light of these settled legal^{principles,and in the absence} of any exceptional or extraordinary^{circumstancesthat would} warrant intervention by this Court under^{Article 226, the relief} sought by the^petitioner cannot be entertained.^{The statutory} scheme provides sufficient and efficacious^{remedies beforethe} competent tMagistrate, and the^{petitioner is at liberty to pursue} such remedies in accordance with^{law, should his grievance still} subsist.

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Accordingly, the writ^petition is^{dismissed as not} maintainable. There shall be no order as^{to costs.}

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tt/iscellaneous Petitions,^pending if any,^{shall stand closed-}

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SD/. M. OSMAN^{ALI BAIG} S TANT REGISTRAR

//TRUE COPY//

N OFFICER

To,

The Principal^{secretary (Home Dep.artmeQ S,""r9!qriat,T.S.,at Hyderabad} )'. i6" SJpuiintenOJnt^{ofPblic_e, Jogulamba Gadwal District} 3. The Station^{ffo,ls"'bfilei, F.5 O?OwaiTown, Gadwal, JogulambaGadwal} District

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d; d; ab to sRt. to sRt. sRt.^{G. NATHESH NATHESHRED-DY, Alvggate Alvggate{oPU9.L}

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d; d; ab to sRt. to sRt. sRt.^{G. NATHESH NATHESHRED-DY, Alvggate Alvggate{oPU9.L} 6. iil ac"io^{-CC FOF{HOHIS ,High Cotirt for the Sfate of Telangana at} Hyderabad [OUT]

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Btu TKS W""

HIGH COURT

DATED:08/1 012025

ORDER

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