ORDER : T. VINOD KUMAR, J. Heard learned counsel for the petitioners appearing through online, learned Government Pleader for Home appearing for respondent Nos.1 to 4, and with the consent of the learned counsel appearing for the parties, the Writ Petition is taken up for hearing and disposal at the admission stage. 2. Having regard to the manner of disposal of the Writ Petition at the admission stage and the nature of lis involved, this Court is of the view that notice to unofficial respondent Nos.5 and 6 is not necessary for adjudication of the present Writ Petition. 3. The case of the petitioners, in brief, is that though they have approached the 2 nd respondent authority by submitting a complaint/ representation, dt.28.10.2024, bringing to the notice of the said authority that the authorities have registered a case earlier based on the complaint made by the petitioners dt.23.09.2022, the authorities have not included the persons mentioned in their complaint as accused; and that the said persons taking advantage of not being arrayed as accused in the aforesaid complaint, are abusing the petitioners and others, and as such, the said persons named in their complaint are to be arrayed as accused in the aforesaid FIR registered based on their complaint dt.23.09.2022. 4. Per contra, learned Government Pleader for Home appearing on behalf of respondent Nos.1 to 4 would submit that based on the complaint of the petitioners dt.23.09.2022, the authorities have registered a case vide Crime No.184 of 2022 on the same day, against the persons named therein as accused. 5. Learned Government Pleader further submits that if the petitioners are aggrieved by the manner of investigation or the persons named as accused in the aforesaid charge sheet, the petitioners ought to have approached the concerned Magistrate by filing a protest petition; and that without availing the remedy provided under Cr.P.C., have submitted another representation dt.28.10.2024 to the 2 nd respondent, claiming the persons named in the said representation are to be added as accused in FIR No.184 of 2022, which is not permitted, as the authorities have already filed a charge in the aforesaid crime. 6.
6. Learned Government Pleader by drawing the attention of this Court to the complaint dt.28.10.2024, would further submit that the claim of the petitioners of the persons named in their complaint abusing them keeping the aforesaid crime registered in mind, is also not borne out from the contents of the said complaint, as no specific date of alleged incident is mentioned therein. 7. Learned Government Pleader further submits that if any specific incident had occurred subsequent to the complaint, the petitioners ought to have approached the respondents-authorities by lodging a fresh complaint and having failed to do so, the petitioners are only seeking to claim that the persons in the aforesaid complaint dt.28.10.2024 are to be arrayed as accused in the complaint lodged in September, 2022, based on which, an FIR has already been registered. Investigation conducted thereinto and charge sheet has also been laid before the concerned Magistrate, which is pending for trial. 8. I have taken note of the aforesaid submissions made. 9. Though the petitioners claim of having approached the 2 nd respondent authority by their representation dt.28.10.2024 bringing to the notice of the said authority of the persons named in the representation resorting to abusing the petitioners keeping in mind the complaint lodged by them earlier on 23.09.2022, based on which a crime is registered, a reading of the contents of the complaint dt.28.10.2024, on the other hand, would show that the petitioners by the aforesaid representation are only seeking for adding the persons mentioned in the aforesaid representation as accused in the complaint lodged by them on 23.09.2022 and there is no mention of any subsequent incident having taken place. 10. Since, based on the complaint made by the petitioners on 23.09.2022, the respondents-authorities having registered a case vide Crime No.184 of 2022 and thereafter having filed a charge sheet on 22.11.2022, if the petitioners are aggrieved by the manner of investigation into the crime or the contents of the charge sheet, the petitioners ought to have taken steps by filing a protest petition before the concerned Magistrate.
As it is not shown to this Court of the petitioners availing the remedy under Cr.P.C./BNSS, this Court is of the view that the petitioners cannot now by the present Writ Petition seek a direction to the respondents-authorities for arraying the persons mentioned in the complaint dt.28.10.2024 as accused having themselves failed to avail the remedies provided under Cr.P.C. 11. In view of the above, the Writ Petition as filed is devoid of any merit and is accordingly dismissed. No order as to costs. 12. Miscellaneous petitions, if any, pending in this writ petition shall stand closed.