Rahmathunnisa v. The State Of Telangana

THE HON'BLE SRI JUSTICE A.RAJASHEKER REDDY W.P.NO.25118 OF 2018

O R D E R

Petitioners are two in number. Their claim is that the 1st petitioner is the daughter of the 2nd petitioner through his first wife, and as she is the widow, living with the 2nd petitioner. The 8th respondent is the second wife of the 2nd petitioner and living separately and other unofficial respondents are her daughters and sons-in-law. It is alleged that on 27.06.2018, the 8th respondent, along with other unofficial respondents, came to the house of the petitioners and beat them and committed theft, and that when the 1st petitioner went to 3rd respondent - Station House Officer, Mailardevpally Police Station, Rangareddy District, to lodge complaint, she was referred to Osmania General Hopsital as a Medico Legal case, where she was treated by a doctor, who found several injuries on her body and prescribed medicines.

Along with the writ petition, petitioners filed outpatient sheet, whereunder, the 1st petitioner is stated to have been treated by the doctor at Osmania General Hospital, Hyderabad. Now the grievance of the petitioners is that the 3rd respondent is not registering the crime. Hence the writ petition.

Heard the learned counsel for the petitioner. Learned Assistant Government Pleader for Home, on instructions submit that 3rd respondent has not received any complaint and he has not referred to the 1st petitioner to Osmania General Hospital for treatment as Medico Legal Case.

A perusal of the out patient sheet dated 27.06.2018, whereunder the petitioner was stated to have taken treatment, it could be seen that

the doctors have noted that " MLC case could not be done, due to lack of requisition." This endorsement, strengthens the submission of the learned Assistant Government Pleader for Home that the police did not refer the petitioner to the hospital for treatment. At this stage, learned counsel for the petitioners, submit that petitioners may be given liberty to file fresh complaint in respect of the alleged offence.

In view of the same, writ petition is disposed of giving liberty to the petitioners to lodge fresh complaint and on filing of such complaint, 3rd respondent shall take appropriate action in accordance with law. Interlocutory applications pending, if any, shall stand closed. No costs.

----------------------------------------------- A.RAJASHEKER REDDY,J DATE:03-08-2018 AVS