Where the police register an FIR upon a complainant’s representation before disposal of a writ petition seeking such registration, the petition becomes infructuous and requires no further direction. This judgment follows established precedent, confirming the limited scope of judicial intervention post-registration, with binding value within the jurisdiction of the Andhra Pradesh High Court.
Summary
| Category | Data |
|---|---|
| Case Name | WP/2165/2019 of SHAIK NOORJAHAN Vs APHC01-001866-2019 |
| CNR | APHC010046612019 |
| Date of Registration | 21-02-2019 |
| Decision Date | 10-09-2025 |
| Disposal Nature | CLOSED NO COSTS (Dismissed as infructuous, no order as to costs) |
| Judgment Author | Justice B V L N Chakravarthi |
| Court | High Court of Andhra Pradesh |
| Bench | Single Judge |
| Precedent Value | Binding precedent within Andhra Pradesh High Court’s jurisdiction |
| Type of Law | Constitutional Law, Criminal Procedure (Writ of Mandamus, Registration of FIR) |
| Questions of Law | Whether a writ of mandamus lies to direct police to register an FIR, when FIR has already been registered before disposal of the writ petition. |
| Ratio Decidendi |
The High Court held that when it is brought to the court’s notice that the police have already registered an FIR based on the complainant’s representation, the cause of action for the writ petition disappears. The writ petition becomes infructuous, requiring no further orders from the court. Directions for registration of FIR are unwarranted in such cases, reaffirming the principle that judicial intervention is unnecessary once statutory remedy has been provided. |
| Facts as Summarised by the Court |
The petitioner sought a writ of mandamus directing the police to register an FIR based on her representation dated 29.10.2018. During the pendency of the writ petition, the police registered a case as Crime No. 35 of 2019 under Sections 420 and 506 IPC, which rendered the writ petition infructuous. |
Practical Impact
| Category | Impact |
|---|---|
| Binding On | All subordinate courts within Andhra Pradesh High Court’s jurisdiction |
| Persuasive For | Other High Courts considering similar writs for FIR registration |
What’s New / What Lawyers Should Note
- Reaffirms that writs seeking registration of FIRs become infructuous where the police proceed to register the FIR before final adjudication.
- No further directions will be granted in the writ when the sought relief stands satisfied due to subsequent action by the authorities.
- Writ remedy under Article 226 is not maintainable for reliefs that have already been granted by administrative action before judgment.
- Lawyers may rely on this judgment to oppose continued proceedings in similar writ petitions after FIR registration.
Summary of Legal Reasoning
- The court acknowledged the submission by the Additional Government Pleader that an FIR had already been registered based on the petitioner’s representation.
- Noting that the registration of the FIR fulfilled the petitioner’s grievance, the court held the writ petition had become infructuous.
- Judicial intervention through a writ of mandamus was deemed unnecessary as statutory remedy had already been provided.
- The court dismissed the writ petition as infructuous and did not grant further relief.
Arguments by the Parties
Petitioner
- Sought direction to the police to register an FIR based on representations dated 29-10-2018 and 14-01-2019.
Respondents (State/Police)
- Informed the court that an FIR (Crime No. 35 of 2019) had already been registered on the basis of petitioner’s representation and investigation was ongoing.
Factual Background
The petitioner filed a criminal complaint against certain individuals and alleged police inaction in registering an FIR based on complaints dated 29-10-2018 and 14-01-2019. She invoked Article 226, seeking a writ of mandamus to direct the police to register an FIR and investigate the accused named in her complaint. During the pendency of the writ petition, the police registered Crime No. 35 of 2019 under Sections 420 and 506 IPC and commenced investigation, thereby rendering the writ petition infructuous.
Statutory Analysis
- Article 226 of the Constitution of India: The court’s power to issue writs for enforcement of fundamental rights and for other purposes.
- Indian Penal Code, Sections 420 and 506: Offences for which the FIR was registered.
- No extensive statutory interpretation provided, as the grievance was satisfied by administrative action.
Alert Indicators
- ✔ Precedent Followed – Existing legal principle that a writ petition seeking direction to register FIR becomes infructuous if FIR is registered during pendency is affirmed.