S. Ravi v. The State Of Telangana
HIGH COURT FOR THE STATE OF TELANGANA: AT HYDERABAD (Special Original Jurisdiction) THURSDAY ,THE TWENTY FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE DT. JUSTICE SHAMEEM AKTHER WRIT PETITION NO: 10041 OF 2022 Betwee n:
S. Ravi, S/o. S.Lakshmaiah, Aged about 43 years, Occ. Agriculture Farmer, Rio.H.No.4-4l1, Sadasivapally Village, Manakondur Mandal, Karimnagar District, T.S.
..,PETITIONER AND
1. The State of Telangana, Rep. by its Principal Secretary, Home Department, Secretariat Buildings, BRKR Bhavan, Tankbund, Hyderabad.
2. The Station House Officer, Manakondur Police Station, Karimnagar District, T,S.
3. The District Collector, Karimnagar District, at Karimnagar ...RESPONDENTS Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent No.2 in not protecting the petitioner's life from the hands of culprits by registering a case vide Complaint daled 2810112022 filed by the petitioner as illegal, arbitrary and in violation of principles of Natural Justice and in violation of Articles 14, 16, 19' 21 and 300-4 of the Constitution of lndia consequently direct the respondent No.2 to register a case on the complaint dated 2B-01-2022 made by the petitioner forth with by protecting the petitioner's life from the hands of culprits and implement the Order daled 1311212021 in W.P. No.33468 ol 2021 passed by this Hon'ble High Court.
/ lA NO: 1 OF 2022 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondent No.2 to register a case on the complaint daled 2810112022 made by the petitioner forth with by protecting the petitioner's life from the hands of culprits by implementing the Order dated 1311212021 in W.P. No33468 of 2021 passed by this Hon'ble High Court pending disposal of the main writ petition. i Counsel for the Petitioner: SRI V.R. MANNEPALLI Counsel for the Respondent Nos.1 & 2: SRI A.MANOJ KUMAR AGP for HOME for GP FOR HOME Counsel for the Respondent No.3: GP FOR REVENUE The Court made the following: ORDER \ i l
THE HON'BLE DT. JUSTICE SHAMEEM AKTHER WRITP TION o,100 10F2o22 ORDER:
This Writ Petition, under Article 226 of the Constitution of India, is filed by the petitioner seeking the following prayer: "to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent No.2 in not protecting the petitioner's life from the hands of culprits, by registering a case vide Complaint dated 28.0L.2022, filed by the petitioner, as illegal, arbitrary and in violation of principles of Natural Justice and in violation of Articles 1,4, 16, 19, 21 and 300-4 of the Constitution of India, consequently direct the respondent No.2 to register a case on the complaint dated 28.01.2022 made by the petitioner forth with, by protecting the petitioner's life from the hands of culprits and implement the Order dated 13.12.2021 in W.P No.33468 of 2O2l passed by this Honourable High Court and pass such other order or orders...,, 2.
Heard the learned counsel for the petitioner, learned Assistant Government pleader for Home, appearing for respondent Nos.1 and 2, learned Government pleader for Revenue, appearing for respondent No.3 and perused the record.
3.
The grievance of the petitioner is that though he filed a com-ir'l*aint, dated 28.01.2022, before respondent No.2 against
the offenders, so far no action has been taken yet on the said complaint. There are witnesses to the commission of offence. Therefore, the petitioner sought a direction to respondent No.2 to take action on the said complaint, dated 28.0L.2022. 4.
Learned Assistant Government pleader for Home, on written instructions, would submit that respondent No.2 received the complaint of the petitioner on 02.02.2022 through registered post and he made a GD entry. During the enquiry, it revealed that there are no witnesses to the alleged incident. Therefore, the subject complaint was closed as'lack of evidence' and the same was intimated to the petitioner.
5. Since, the respondent No.2 has acted upon the complaint, dated 28.01.2022, of the petitioner, no further orders are required to be passed in this writ petition. If the petitioner is aggrieved that there are witnesses to the commission of offence, it is open to him to work out the remedies, in accordance with law, before the learned Magistrate concerned by filing a private complaint under Section 200 Cr.P.C.
( With the above directions, the Writ petition is disposed 6.
of Miscellaneous petitions, if any, pending in this Writ Petition shall stand closed. There shall be no order as to costs. -T_T ll sD/-MOHD.SANAU LLAH ANSARI ASSISTANT REGIST,RAR //TRUE COPYi/ "/ SECTION OFFICER To, \
1. One CC to SRI V.R. MANNEPALLI, Advocate loPUCl
2. fwo CCs to the GP for Home, High Court for the State of Telangana' [OUT]
3. Two CCs to the GP for Revenue, High court for the state of Telangana [oUT]
4. Two C.D. Copies.
5. One Spare CoPY.
MRC / /1?2 (/ TR
....--- ,* HIGH COURT DATED:2410212022 i i t 1h; S i^\ ,c12 APil iitri t
ORDER
WP.No.10041 of 2022 + * otu, DISPOSING OF THE WRIT PETITION WITHOUT COSTS c..F