Mohammed Akbar Khan v. The State Of Telangana

THE HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No. 5596 of 2017 ORDER:

This writ petition is filed challenging the inaction of respondent No.4 in taking action on the complaint, dated 09.02.2017, lodged by the petitioner against respondent Nos.5 to 8. The petitioner states that he is a Civil Contractor by profession and there were some disputes with respondent Nos.5 to 8 in relation to a transaction of diamond. The petitioner appears to have parted with some money to respondent Nos.5 to 8 and when the diamond given by them was not sold in the market, he asked for return of the money but he was threatened without returning the money. In those circumstances, he lodged the complaint.

A reading of the complaint does not disclose any offence. On mere allegation of threat, the complaint cannot be registered, unless there is some prima facie evidence in support of the same. Therefore, the petitioner may take appropriate civil proceedings. In the circumstances, the writ petition is disposed of at the stage of admission giving liberty to the petitioner to take appropriate civil proceedings and if there is any prima facie evidence as to the commission of any offence, it is open to the petitioner to approach the Police with a complaint.

Miscellaneous petitions, if any, pending in this writ petition shall stand closed. There shall be no order as to costs. ________________________ A.RAMALINGESWARA RAO,J Dt:17.02.2017 kdl