Munchinthala Kamulamma And Another v. The State Of Telangana And 17 Others

THE HON'BLE SRI JUSTI CE T.VI NOD KUMAR WRI T PETI TI ON No.22059 of 2019 ORDER:

The present writ petition is filed questioning the inaction of respondents 2 to 5 in taking any action upon the complaint said to have been made by the petitioner by registered post with acknowledgment due, on 04.09.2019.

Heard learned counsel for the petitioner and learned Assistant Government Pleader for Home.

Learned Assistant Government Pleader for Home has placed before this Court a communication dated 21.10.2019 enclosing therewith the written instructions dated 16.10.2019. In the written instructions, it is stated that the complaint of the petitioner dated 04.09.2019 has been received by the police authorities on 07.09.2019, and on such receipt, a GD entry was made. It is further stated that, while going through the contents of the complaint, it was noticed that, in respect of the said incident, the petitioner has made a complaint by appearing in-person before the fifth respondent, on 16.08.2019, and based on the said complaint, a case was registered.

Since the offences are non-cognizable in nature, a letter was addressed to the XIV Additional Metropolitan Magistrate, Rajendranagar, to accord permission to investigate the case and orders thereon are awaited, and the same was also communicated to the petitioner, by way of notice dated 11.10.2019, through registered post with acknowledgment due and enclosed the receipt thereof.

Executive Magistrate, Shamshabad, on 03.07.2019, for good behaviour and for preventing them from committing further offences. However, in the writ petition, the petitioner did not choose to disclose the entire facts and has resorted to suppression, thereby approached this Court with unclean hands. Since the petitioner invoked the jurisdiction of this Court under Article 226 of the Constitution of India by suppressing facts, the writ petition is not required to be gone into. Thus, the writ petition is utterly misconceived and is accordingly dismissed. Pending miscellaneous petitions, if any, shall also stand dismissed. No order as to costs.

____________________ JUSTI CE T.VI NOD KUMAR Date:25.10.2019 GJ