Habeeb Mohammed Al Aidroos v. The Station House Officer And 3 Others
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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Originat Jurisdiction) THURSDAY, THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY PRESENT THE HON'BLE SRI JUSTICE P. NAVEEN RAO wRtT PET|T|ON NO. 24227 0F 2o2o Between:
Habeeb lVohammed Ar Aidroos, s/o. Habeeb Ir,4uitaba Ar Aidroos, Aged about 40 years, Occ: Busrness, R/o H.No.20-4-448 tnside Fa1;h-b;'*;;r,-HvoEiJuril"i"[ilgrnu ..PETITIONER AND The Station House Officer. police Station Hussainialam, Hvderabad Citv. T S rne ASSI. Uommrssioner of p-o_Lice Charminar Division, Hyderabad. The Deputy Commrssioner of police, South Zone, HvObraOaO The Commrssioner of Police, Hyderabad City, Uybeiabad. ...RESPONDENTS 3.
4.
Petition under Article 226 of the constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue, a writ, order or orders more particularry one in the nature writ of Mandamus declaring the action of the respondents particularly Respondent No.1 and 2 in not taking any action in pursuance of the FlR.No.312 of 2020, dated 0.1 .11.2020 against unknown person / persons is as ilregar, arbitrary, discriminatory and subversive of article 14,21 of the constitution of lndia and consequenfly direct the respondents to take action in pursuance of the FlR.No.312 oI 2020, daled 01 .11 .2020 by investigating into the matter, arresting the accused persons, recover the stolen property and submit final report before the court of law in the interest of justice.
lA NO: 1 OF 2020 Petition under section 1s1 cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to direct the respondents to take cognizance in pursuance of the FIR.No.312 of 2o2o dated 01 .11.2020 pending on the file of the 1't respondent herein and submit final report before this Hon'ble Court.
Counsel for the Petitioner: SRI SyED MUSTAFA eUADRI Counsel for the Respondents: AGp FOR HOME The Court made the following: ORDER
2HONOURABLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION NO.2 4227 of20z0 ,.
ORDER:
Heard learned counsel for the petitioner and learned Assistant Government Pleader for Home.
2.
This writ petition is hled alleging that even though crime was registered on 01.ll.2Q2O on the complaint lodged by the petitioner as Cr.No.312 of 2O2O in Hussainialam Police Station, so far investigation is not taken uP.
3.
As held by the Hon'b1e Supreme Court in M.Subramaniam and another v. S.Janaki and' anothert, the jurisdictional Magistrate is competent to go into all aspects from the stage of receiving complaint till completion of investigation and liling of final report and an aggrieved person can always avail the remedies provided by the Code of Criminal Procedure ventilating his grievance against delay in investigation/ improper investigation and the concerned .iurisdictional Magistrate is in a better position to appreciate all aspects and to monitor the investigation, if so warranted.
4.
Thus, granting liberty to the petitioner to avail the remedies provided by the Code of Criminal Procedure, this Writ Petition is dismissed. Pending miscellaneous petitions sha11 stand closed. '
t 2O2o SCC online s.C. 341 SD/.L.LAKSHMI BU ASSISTANT REGI RAR //TRUE COPY// SECTI OFFICER To,
1. One CC to Sri Syed N/ustafa Quadri Advocate [OPLlCl 2 Two CCs ro Gp ro|. no.J,l[i"c;;,11;;1h; Siate oi relangana at Hyderabad touTl
3. Two CD CoPies.
Pn, IV {
HIGH COURT DATED:31 11212020 ,t s c ( eJco a I
ORDER
0 I JAr{ 2021 * r"O WP.No.24227 of 2020 DISMISSING THE WRIT PETITION WITHOUT COSTS