Sadia Mohd Sayeed v. The State Telangana

THE HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.7360 OF 2019 Date:08.04.2019 Between:

Sadia Mohd Sayeed, W/o. Gulam Mustafa, Aged about 30 years, Occ: Household, R/o.H.No.22-3-947/1, Dabeerpura, Hyderabad .. Petitioner And The State of Telangana, rep., by its Principal Secretary, Home Department, Secretariat, Hyderabad and others .. Respondents The Court made the following:

THE HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.7360 OF 2019 ORDER:

Heard learned counsel for the petitioner and learned Government Pleader for Home appearing for the respondents. 2.

This Writ Petition is filed alleging that the police are not receiving the complaint of the petitioner and not investigating into the matter as per law ignoring the actual complaint and infringing the fundamental rights of the petitioner. According to petitioner, she lodged a complaint to the SHE TEAM through twitter on 28.12.2018. On the advice of the police, she went to the police station on 28.12.2018 to give a written complaint. Crime No.380 of 2018 was registered, but the content of the crime registered does not reflect the nature of crime reported by petitioner. Petitioner now alleges that deliberately the respondent - police not included the contents of the complaint narrated by her on 28.12.2018. 3.

Learned Government Pleader for Home, on instructions, submits that investigation was completed and police have drafted final report to close the case as 'lack of evidence' and the said final report was filed before the IX Additional Chief Metropolitan Magistrate, Hyderabad, on 03.04.2019 and notice is to be sent to the petitioner.

4.

Since police are in the process of serving notice on the petitioner, it is always open to the petitioner to file her objections on the ultimate conclusion in the final report.

5.

It is further seen from the material on record that the petitioner complains that the content of the F.I.R. does not reflect the crime reported by the petitioner, but it appears, petitioner has neither complained of not recording the true facts reported by her nor objections were filed before the investigating officer nor matter was reported to the higher authorities. It cannot be verified, at this stage, that what was the complaint reported by the petitioner and how it was recorded, more so when petitioner signed on the written complaint. However, the Court is not expressing any opinion on this issue. If the petitioner has any grievance on the nature of complaint recorded by the Station House Officer, which could not reflect the actual crime alleged to have been reported by her, it is always open to the petitioner to work out her remedies as available in law. She is entitled to file objections on content of final report as and when notice is served on her.

6.

The Writ Petition is accordingly dismissed. There shall be no order as to costs. Pending Miscellaneous Petitions, if any, shall stand closed.

____________________ P. NAVEEN RAO, J Date:08.04.2019 KH