K.V. BHASKAR Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This Writ Petition for a mandamus is filed to give a direction to the Station House Officer of II Town Police Station, Madanapalle, to take cognizance of the report lodged by the petitioner on 21/3/2022 and to register an F.I.R. or Zero F.I.R. against the persons named therein for the offences punishable under Ss. 420, 406, 506 r/w.34 of IPC.

(2.) Concise statement of facts, as pleaded in the writ petition, relevant to dispose of this Writ Petition may be stated as follows:

(3.) Respondent No.4 Station House Officer of II Town Police Station, Madanapalle, filed counter-affidavit stating that as the grievance of the writ petitioner is relating to non-registration of the F.I.R. on the report lodged by him on 21/3/2022 relating to the incidents alleged to have taken place in the State of Karnataka, that the Writ Petition seeking direction to police to register F.I.R. is not maintainable in view of the settled legal position as held by the Apex Court in Sakiri Vasu v. State of U.P. (2008) 2 SCC 409, reiterated in the case of Sudhir Bhaskarrao Tambe v. Hemant Yashwant Dhage (2016) 6 SCC 277. It is pleaded that this Court also held in Chegireddy Venkata Reddy v. The Govt. of A.P. Common order, dtd. 30/7/2020, passed in W.P.No.8384 of 2020 and Batch. (APHC) that Writ Petition seeking mandamus for registration of F.I.R. is not maintainable as there is efficacious alternative remedy available to the aggrieved person under the provisions of the Code of Criminal Procedure. Therefore, it is pleaded that in view of the settled legal position in this regard that the Writ Petition is not maintainable and thereby prayed for dismissal of the same.