Mohd.Maqdoom Mohiuddin Rafeeq, v. The Commissioner Of Police,Hyderabad And 3 Others

HON'BLE SRI JUSTICE S.V.BHATT W.P.No.1601 OF 2013 ORDER:

No representation for petitioner.

The Assistant Government Pleader (Home), on instructions, submits that the petitioner prays for registration of crime against respondent No.4 for a provocative speech said to have been made at Indira Park. The petitioner further challenges the notice dated 10.01.2013 as illegal and arbitrary.

Through the notice dated 10.01.2013, respondent No.3 informed the petitioner that since Cr.No.5 of 2013 under Sections 153-A and 295-A IPC is already registered by Mir Chowk Police Station, the registration of another crime in respect of the same incident is not necessary and the petitioner can furnish details under Section 161 (3) Cr.P.C. The circumstances are considered and this Court is of the view that as the request is to register one more crime in respect of the very same incident, the same is impermissible and the petitioner can certainly give statement under Section 161(3) Cr.P.C.

No ground is made out for grant any relief. The writ petition fails and is, accordingly, dismissed. There shall no order as to costs. Miscellaneous petitions pending, if any, shall stand closed. ____________ S.V.BHATT, J 27th November, 2017 Lrkm