‘No exceptional circumstances in case’: Telangana High Court rejects woman’s plea to compel police to register case

Citing established legal precedents and the lack of any exceptional circumstances in the present case, the judge stated that “this court finds that the relief sought by the petitioner under Article 226 cannot be entertained.”

The court, in its order dated October 6, further observed that “the statutory scheme under the CrPC provides sufficient and efficacious remedies before the competent magistrate, and the petitioners are at liberty to pursue those remedies in accordance with law should their grievance still persist.”

In his order, the judge stated: “The legal position on this issue is well settled and no longer res integra.”

He referred to the landmark case of Sakiri Vasu v State of Uttar Pradesh and Others, and the subsequent affirmation in M Subramaniam V. S. Janaki & Others, noting that the CrPC provides an “adequate and efficacious mechanism” for such grievances.

The judge further stressed the impermissibility of bypassing the prescribed legal channels. “The court clarified that bypassing these remedies and directly invoking the writ jurisdiction of the High Court is impermissible, save in exceptional or extraordinary circumstances,” he held.

Concluding the matter, the court found no “exceptional circumstances in the present case” that would warrant deviation from the established rule. The judgment explicitly stated: “Accordingly, this writ petition is dismissed as not maintainable.”

The petitioners have been granted liberty to pursue their grievance by filing an application under Section 156(3) CrPC for a direction to the police or by initiating proceedings under Section 200 CrPC (private complaint) before the competent magistrate.