B.Brahmachari v. The State Of Telangana

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA & THE STATE OF ANDHRA PRADESH (Special Original Jurisdiction) WEDNESDAY, THE TWENTY EIGHTH DAY OF JANUARY TWO THOUSAND AND FIFTEEN PRESENT THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.665 of 2015 BETWEEN B.Brahmachari ... PETITIONER AND The State of Telangana, Rep. by its Principal Secretary (Department of Home), Secretariat Buildings, Hyderabad and others. ...RESPONDENTS The Court made the following:

ORDER:

Heard.

2. Petitioner complains that in spite of his complaint dated 15.01.2014 given to respondent No.4 and copies marked to respondent Nos.2 and 3 by post, no action is taken by respondent No.4 and neither any crime is registered nor investigation is taken up.

3. Instructions of the learned Government Pleader, however, show that no such complaint is received and found in the records of respondent No.4 police station. They also state that no endorsement is received from respondent Nos.2 and 3. It is also stated that the records reveal that petitioner is A1 in S.C.No.360 of 2013, wherein petitioner was found guilty on

07.11.2014 under Section 498A and 306 IPC.

4. However, since there is no acknowledgment of complaint of the petitioner filed before respondent Nos.2 to 4, in my view, it would be appropriate to permit the petitioner to file a fresh complaint, if there is any cognizable offence, which requires investigation by respondent No.4 and if such a complaint is filed by the petitioner before respondent No.4, the same shall be examined and appropriate action, in accordance with law, shall be taken by respondent No.4.

Writ petition is, accordingly, disposed of. As a sequel, the miscellaneous applications, if any, shall stand closed. There shall be no order as to costs.

_____________________ VILAS V. AFZULPURKAR, J January 28, 2015 LMV