Smt.Saleha Begum v. The State Of Telangana

THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.2912 of 2016 ORDER:

The prayer of the petitioner in this case is as under: "For the reasons stated in the accompanying affidavit, it is hereby prayed that this Hon'ble Court may be pleased to issue a writ or order more particularly one in the nature of writ of mandamus declaring the action of the respondents 5 and 6 in not investigating and not causing arrest of the accused in FIR.No.451 of 2014 dated 23-9-2014 on the file of the 5th respondent as illegal, arbitrary and unjust and consequential directions to the respondents 2 to 6 to cause immediate arrest of the accused in FIR.No.451 of 2014 dated 23-9-2014 on the file of the 5th respondent and to pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case." Written instructions dated 11.02.

2016 were furnished by the Assistant SubInspector of Police, Langer House Police Station, Hyderabad, to the office of the learned Government Pleader for Home, wherein he stated that Crime No.451 of 2014 was registered under Sections 406, 420 and 506 I.P.C. upon the complaint made by the petitioner being forwarded by the learned VI Metropolitan Magistrate, Hyderabad. However, after completion of the investigation, the police authorities found that no case was made out and accordingly filed a final report referring the case for 'lack of evidence'. It appears that a notice was also given to the complainant of this development as is evident from Form No.70 dated 06.03.2015 appended to the written instructions. This Form bears an endorsement made on behalf of the complainant in proof of receipt.

In the light of the afore-stated developments, it is for the petitioner to take recourse to appropriate remedies in accordance with law if she is aggrieved by the conclusion arrived at by the police authorities. Reserving liberty to the petitioner to do so, the writ petition is closed. Pending miscellaneous petitions, if any, shall also stand closed. No order as to costs. ____________________

JUSTICE SANJAY KUMAR 17th February, 2016 IBL