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High Court for State of TelanganaWP/34992/2016disposed of no costs

Md. Subhanuddin, v. State Of Telangana,

2016-10-18Raja Elango3 pages

HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.34992 of 2016 ORDER:

1.

This writ petition is filed by the petitioners under Article 226 of the Constitution of India seeking a direction to respondents Nos.2 to 5 to take steps to give necessary police aid to the petitioners to implement the ad interim injunction order passed by the VII Senior Civil Judge, City Civil Court, Hyderabad, and to register a case against the 6th respondent. 2.

Heard and perused the material available on record. 3.

The first part of the grievance of the petitioners is that they obtained interim injunction order in their favour in O.S.No.529 of 2016 on the file of the VII Senior Civil Judge, City Civil Court, Hyderabad, and when the petitioners approached the police for the purpose of execution of the interim order, the official respondents are not co-operating. The second part of the grievance of the petitioners is that they lodged a complaint against the 6th respondent for cognizable offence, but the official respondents failed to register a case against the 6th respondent. 4.

Considering the circumstances of the case and the grievance of the petitioners, without expressing any opinion on merits, the Writ Petition is disposed of with the following direction:

"Respondents Nos.2 to 5 are directed to consider the representation, if any, made by the petitioners for implementation of injunction order, and dispose of the same in accordance with law. Insofar as the complaint lodged by the petitioners against the 6th respondent is concerned, the above respondents are directed to register FIR, if the complaint discloses any cognizable offence. If

the above respondents fail to register the FIR, the petitioners are at liberty to approach the higher officials or to avail the remedies that are available under Cr.P.C."

There shall be no order as to costs. Miscellaneous petitions, if any, pending in this writ petition shall stand closed.

_________________ RAJA ELANGO, J Date: 18th October, 2016 Note:

Issue C.C. in four days.

B/O Nn

HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.34992 of 2016 Date: 18th October, 2016 Nn