Bogum Laxmaiah vs. The State Of Telangana And 5 Others

Facts

The petitioner, Bogum Laxmaiah, a retired Joint Commissioner (GST), filed a writ petition seeking a direction to the Station House Officer, Wanaparthy Rural Police Station (Respondent No. 5), to register a First Information Report (FIR) against Mootar Sudhakar (Respondent No. 6). The petitioner alleged that the complaint lodged by him disclosed cognizable offences. The police, through written instructions, informed the court that an FIR (No. 19 of 2022) was registered on 15.02.2022 for offences under Sections 419, 420, 465, 468, and 471 of the Indian Penal Code, 1860, but Respondent No. 6 was not an accused in that case. Separately, Respondent No. 6 had lodged a complaint against the petitioner, registered as FIR No. 115 of 2022 on 21.09.2022 under Sections 447, 427, 504, and 506 read with 34 of IPC. Regarding the petitioner's recent complaint, a GD entry was made, and an inquiry concluded that the matter was purely civil in nature, leading to the closure of the complaint on 29.11.2022.

Held

The Court noted that the petitioner's grievance was the non-registration of an FIR. However, the police submitted written instructions indicating that an FIR (No. 19 of 2022) had already been registered on 15.02.2022 for offences under Sections 419, 420, 465, 468, and 471 of the IPC, although Respondent No. 6 was not an accused in that case. Furthermore, the police stated that a separate FIR (No. 115 of 2022) was registered on 21.09.2022 based on a complaint by Respondent No. 6 against the petitioner under Sections 447, 427, 504, and 506 read with 34 of the IPC. Regarding the petitioner's most recent complaint, an inquiry concluded that the dispute was purely civil in nature, and consequently, the complaint was closed on 29.11.2022, with the petitioner being informed through a registered post notice. Given these developments, the Court found no further orders to be necessary and closed the writ petition. The petitioner was granted liberty to pursue appropriate legal remedies if aggrieved by the closure report. No specific issues related to GST were discussed or decided.

Key Issues

1. Whether the Station House Officer, Wanaparthy Rural Police Station (Respondent No. 5), illegally and arbitrarily refused to lodge an FIR on the complaint of the petitioner, which allegedly disclosed cognizable offences under the Indian Penal Code, 1860, thereby violating the petitioner's right to have such offences investigated? Petitioner's Contention: The petitioner argued that his complaint contained allegations constituting cognizable offences, and therefore, the police were legally bound to register an FIR. The petitioner sought a direction for the registration of the FIR and subsequent investigation, as well as a directive to Respondent No. 6 to cease unlawful interference with the peaceful possession of the petitioner's lands and to pursue legal remedies through appropriate authorities. Respondents' Contention (as per police instructions): The police submitted that an FIR (No. 19 of 2022) was already registered on 15.02.2022 for offences under Sections 419, 420, 465, 468, and 471 of IPC, though Respondent No. 6 was not an accused. They also stated that Respondent No. 6 had filed a complaint against the petitioner, registered as FIR No. 115 of 2022 on 21.09.2022 under Sections 447, 427, 504, and 506 read with 34 of IPC. For the petitioner's recent complaint, an inquiry determined the matter to be civil in nature, leading to its closure on 29.11.2022.