Shaik Mabu v. The Station House Officer

HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.33720 of 2016 ORDER:

This writ petition is filed for a writ of mandamus declaring the delay and inaction of the 1st respondent in registering the FIR against the 3rd respondent and others in pursuant to the complaint made by the petitioner on 13.07.2016 punishable for the offence under Sections 307, 324 read with 34 IPC as illegal and arbitrary. Heard and perused the material available on record. The main grievance of the petitioner is that the 1st respondent is not registering a case against the 3rd respondent basing on the complaint lodged by the petitioner, dated 13.07.2016, even though a cognizable offence is made out in the complaint.

Considering the grievance of the petitioner, the 1st respondent is directed to register a case against the 3rd respondent if the complaint lodged by the petitioner, dated 13.07.2016, discloses any cognizable offence and investigate into the same and file a final report if any. If the petitioner is aggrieved by the action of the 1st respondent, he is at liberty to approach the superior officer of 1st respondent and also to approach the concerned Court by invoking provision under Section 200 Cr.P.C. Accordingly, the Writ Petition is disposed of. No costs. Pending Miscellaneous Petitions, if any, shall stand closed. ____________________ RAJA ELANGO, J Date: 17th October, 2016 KL