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High Court for State of TelanganaWP/35457/2016disposed of no costs

D.S.Kishan S/O Dasru, v. The State Of Telangana, Rep. By

2016-10-21Raja Elango2 pages

THE HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.35457 of 2016 ORDER:

This writ petition under Article 226 of Constitution of India is filed to declare the action of the 2nd respondent in not registering the complaint, dated 17.09.2016, lodged by the petitioner, as illegal and arbitrary and consequently direct the 2nd respondent upon the above said complaint and take action in accordance with law. Heard and perused the material available on record. The petitioner is the owner of an extent of Acs.2.12 guntas of land in Bhupathipeta village, Gudur Mandal, Warangal District. While so, one Jakkula Ramesh, with an intention to grab the property created fabricated documents for an extent of Ac.0.20 guntas by forging the signatures of the petitioner and her wife. Therefore, the wife of the petitioner made a complaint to the authorities concerned to enquire into the matter.

Having failed in their attempts, said Ramesh and family members bore gudge against the petitioner and his wife and attacked them on 17.09.2016. Therefore, the petitioner lodged a complaint on the same day against those persons, before the 2nd respondent - Station House Officer, Gudur Police Station, Warangal District. Since the 2nd respondent is not taking any action on the said complaint, he sent a copy of the said complaint through registered post. The grievance of the petitioner is that the 2nd respondent is not taking any action on the said complaint. Hence, this writ petition.

Considering the grievance of the petitioner, without going into the merits of the case, the 2nd respondent is directed to register a case basing on the complaint made by the petitioner, dated 17.09.2016, if

the said complaint discloses any cognizable offence, and investigate into the same and file a final report if any. If the 2nd respondent fails to register the case, the petitioner is at liberty to approach the superior officer of the 2nd 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. Miscellaneous Petitions, pending if any, shall stand closed. ______________ RAJA ELANGO, J October 21, 2016 KTL