Wasema Subhani v. The State Of Telangana,

THE HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.37890 OF 2016 ORDER:

This writ petition, under Article 226 of the Constitution of India, is filed seeking a direction to respondent Nos.2 to 5 to register a case against the concerned basing on the private complaint made by the petitioner before the Chief Metropolitan Magistrate, Hyderabad i.e., C.C.(SR) No.4786 of 2016. 2.

Heard and perused the material available on record. 3.

The main grievance of the petitioner is that respondent Nos.2 to 5 are not registering a case against the concerned basing on the private complaint lodged by her before the said Magistrate. 4.

Considering all the facts and circumstances of the case, this Court is of the view that it is needless to say that if a complaint filed by an aggrieved person discloses an offence, which is cognizable in nature, necessarily, the Station House Officer concerned has to register a case and investigate into the same. Hence, respondent Nos.2 to 5 herein are directed to register a case against the concerned basing on the private complaint of the petitioner i.e., C.C.(SR) No.4786 of 2016, if the complaint discloses a cognizable offence. If the petitioner is aggrieved by the action of respondent Nos.2 to 5, she is at liberty to approach the superior authority and also to approach the concerned Court by invoking the provision under Section 200 Cr.P.C.

5.

Accordingly, the Writ Petition is disposed of. There shall be no order as to costs.

6.

Miscellaneous Petitions pending, if any, in this Writ Petition shall stand closed.

_________________________ JUSTICE RAJA ELANGO 4.11.2016 AMD

THE HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.37890 OF 2016 Date: 4.11.2016 AMD