Smt.K.Prabhavathi v. The State Of Telangana

HON'BLE SRI JUSTI CE A. RAMALI NGESWARA RAO Writ Petition No.43055 of 2016 Order:

This Writ Petition was filed challenging the action of the third respondent in not taking any action against the respondents 4 and 5. After adjourning the matter on 13.12.2016, learned Government Pleader for Home took instructions and as per the written instructions on the complaint given by the petitioner on 29.11.2016 a GD entry was made on the same day and a requisition was filed before the XXIV Metropolitan Magistrate Court, Kukatpally at Miyapur, seeking permission to prosecute the respondents under Section 323 IPC. After receiving permission, the matter was further enquired and as per the allegations and investigation a Petty Case charge sheet dated 13.12.2016 was filed against the unofficial respondents 4 and 5 and the same was registered as STC No.5639 of 2016 on the file of the XXIV Metropolitan Magistrate, Cyberabad at Kukatpally and summons were issued to the respondents 4 and 5 on 13.12.2016.

Learned counsel for the petitioner submits that the third respondent diluted the gravity of the offence and only Petty Case was registered against the respondents 4 and 5.

Since the present Writ Petition was filed challenging the inaction of the third respondent, this Court is not inclined to give a finding on the submissions made by the learned counsel for the petitioner. It is open to the petitioner to take appropriate proceedings in accordance with law, if she has any grievance with regard to charge sheet filed by the third respondent in respect of the complaint dated 29.11.2016.

The Writ Petition is, accordingly, closed, in view of the action taken by the third respondent. There shall be no order as to costs. As a sequel thereto, the miscellaneous petitions, if any, pending in this Writ Petition shall stand closed.

____________________________ A. RAMALI NGESWARA RAO, J Date: 17.01.2017 Nsr