Mohd. Abdul Khaliq v. The State Of Telangana And 18 Others

THE HON'BLE SRI JUSTI CE T.VI NOD KUMAR WRI T PETI TI ON No.1348 of 2020 O R D E R:

This writ petition is filed questioning the inaction of the 6th respondent in registering a case pursuant to the complaint made by the petitioner on 28.02.2018.

2.

Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Home.

3.

Learned Assistant Government Pleader for Home, on written instructions, dated 22.01.2020, submits that the petitioner did not submit the complaint/representation, dated 28.02.2018, to the 6th respondent, and on the other hand, the same has been sent to the 3rd and 4th respondents, which has not been received by the 6th respondent, either through proper channel or from the petitioner. However, it is further stated that, the petitioner by a private complaint forwarded through Court to the 6th respondent, on an earlier occasion, on 02.07.2017, whereupon, the 6th respondent registered a case in Crime No.158 of 2017 for the offences punishable under Sections 295, 295-A, 379, 383, 384, 506 read with Section 120-B IPC, on 02.07.2017, against respondents 16 and 18 in the present writ petition and others, and investigated the matter.

It is also stated that based on the investigation in the above said crime, a charge sheet was filed before the Chief Metropolitan Magistrate, Hyderabad, and the said case is pending trial, vide C.C.No.550 of 2017 before the learned Chief Metropolitan Magistrate, Hyderabad.

4.

Having regard to the fact that, on the complaint of the petitioner, on an earlier occasion, a case has been registered and the same is

pending trial and as the contents of the present complaint, though not filed with the 6th respondent, indicate the offence being complained to be same as that of the earlier complaint, there is no requirement of registering one more case.

5.

The writ petition is without merit and is accordingly dismissed. Pending miscellaneous petitions, if any, shall also stand dismissed. No order as to costs.

_____________________ JUSTI CE T.VI NOD KUMAR Date:23.01.2020 GJ