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High Court for State of TelanganaWP/23833/2015dismissed

B. Babu Rao , Shantanu v. The State Of Telangana,

2018-12-15T.Amarnath Goud1 pages

HON'BLE SRI JUSTICE T. AMARNATH GOUD W.P. No. 23833 of 2015 O R D E R:- The main grievance of the writ petitioners is that respondent Nos.2 to 4 are not taking any action in pursuance of the complaint lodged by them particularly in registering a crime against the unofficial respondents.

In such a situation, the petitioners have got every right to invoke the powers under Section 190 read with Section 200 Cr.P.C. and file complaint before the Magistrate having jurisdiction to take cognizance of the offence and the Magistrate is required to look into the complaint in compliance with the procedure contemplated in Chapter XV of the Code. Therefore, the course left open to the petitioners is to approach the Magistrate concerned by invoking the provisions of Chapter XV of the Code. The petitioners cannot straight away file the writ petition without invoking the provisions of Sections 190 and 200 Cr.P.C. In that view of the matter, this Court is of the opinion that the writ petition is not maintainable.

Accordingly, the writ petition is dismissed. No order as to costs.

As a sequel, Miscellaneous Petitions, if any pending, shall stand disposed of as infructuous.

____________________ T.AMARNATH GOUD, J 15.12.2018 bcj