Mohammed Asad v. The State Of Telangana

THE HON'BLE SRI JUSTI CE SANJAY KUMAR AND THE HON'BLE SRI JUSTI CE T.AMARNATH GOUD WRI T APPEAL NO.524 of 2019 JUDGMENT: (per SK,J) The unsuccessful petitioner in W.P.No.8605 of 2019 is in appeal aggrieved by the disposal of his writ petition at the stage of admission vide order dated 23.04.2019. The grievance of the appellant-petitioner was that the Station House Officer, Amberpet Police Station, Hyderabad, was not registering a First Information Report(FIR) on the strength of his complaint dated 15.04.2019 against respondents 5 and 6. By the order under appeal, the learned Judge opined that as the Station House Officer, Amberpet Police Station, Hyderabad, had already taken the view that the complaint of the petitioner was 'civil in nature', it was for him to work out his remedies under the Code of Criminal Procedure, 1973. The writ petition was disposed of accordingly.

Though Sri M.Mehdi Hussain, learned counsel for the appellantpetitioner, would contend that the learned Judge ought to have followed the law laid down by the Supreme Court in LALI TA KUMARI V/ s. GOVERNMENT OF UTTAR PRADESH1, we are of the opinion that once the police applied their mind to the complaint and opined that it was civil in nature and did not warrant registration of the FIR, the case would not come within the ambit of LALI TA KUMARI 1. It is for the appellantpetitioner to work out his remedies in accordance with law, as rightly pointed out by the learned Judge. We therefore find no grounds to interfere in this appeal.

1 (2014) 2 SCC 1

The writ appeal is accordingly dismissed. Pending miscellaneous petitions, if any, shall also stand dismissed. No order as to costs. ______________ SANJAY KUMAR,J _________________ T.AMARNATH GOUD,J Date:26.06.2019 GJ