Begari Pathi Kumar , Avula Pathi Kumar, S/O.Begari v. State Of Telangana

THE HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.44885 OF 2016 ORDER:

This writ petition, under Article 226 of the Constitution of India is filed seeking to declare the action of the 3rd respondent in not registering the crime on the report made by the petitioner on 08.12.2016, as arbitrary and illegal and consequently, direct the respondents to register the crime.

2.

Heard and perused the material available on record. 3.

The main grievance of the petitioner is that respondent No.3 is not registering a case against respondent Nos.4 to 8 basing on the complaint lodged by him on 08.12.2016.

4.

Considering all the facts and circumstances of the case, this Court is of the view that it is needless to say that if a complaint filed by an aggrieved person discloses an offence, which is cognizable in nature, necessarily, the Station House Officer concerned has to register a case and investigate into the same. Hence, respondent No.3 herein is directed to register a case against respondent Nos.4 to 8 basing on the complaint, dated 08.12.2016, of the petitioner, if the complaint discloses a cognizable offence. If the petitioner is aggrieved by the action of respondent No.3, he is at liberty to approach the superior officer of respondent No.3 and also to approach the concerned Court by invoking the provision under Section 200 Cr.P.C.

5.

Accordingly, the Writ Petition is disposed of. There shall be no order as to costs.

6.

Miscellaneous Petitions pending, if any, in this Writ Petition shall stand closed.

_________________________ JUSTICE RAJA ELANGO 22.12.2016 YVL

THE HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.44885 OF 2016 Date: 22.12.2016 YVL