Cholleti Shyam Sundara Chary, S/O. Bala Brahma Chary, v. The State Of Telangana,

THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.40118 OF 2015 ORDER:

The prayer of the petitioner in this case is as under: "For the reasons stated in the accompanying affidavit, it is hereby prayed that this Hon'ble Court may be to issue a Writ Order or direction more particularly one in the nature of Writ of Mandamus, by declaring the action of the 4th respondent in not taking any action against the 5th respondent in Crime No.221/2015 of Nalgonda II Town Police Station, Nalgonda District and not providing protection to the petitioner from the hands of the 5th respondent, as illegal, arbitrary, violative of Articles 14, 19 and 21 of Constitution of India, against the principles of natural justice consequently to direct respondent Nos.2 to 4 to take appropriate action against the 5th respondent as per law by initiating investigation in Crime No.

221/2015 of Nalgonda II Town Police Station, Nalgonda District, by providing protection to the petitioner from the hands of the 5th respondent and pass such other order or orders as may deem fit and proper in the circumstances of the case." Written instructions were furnished by the Sub-Inspector of Police, Nalgonda II Town Police Station, to the office of the learned Government Pleader for Home, wherein he stated that Crime No.221 of 2015 had been registered on the file of Nalgonda II Town Police Station upon the private complaint made by the petitioner being forwarded under Section 156(3) Cr.P.C. by the learned Judicial First Class Magistrate (Prohibition and Excise Offences), Nalgonda. The said crime was registered under Sections 420, 448, 504 and 506 I.P.C.

However, after conducting investigation, the police authorities found that the alleged offences were not established. They accordingly filed a final report before the learned Judicial First Class Magistrate (Prohibition and Excise Offences), Nalgonda, on 16.12.2015 referring the case as 'false'. Intimation of the filing of the final report was also given to the complainant, the petitioner herein.

In the light of the afore-stated developments, it is for the petitioner to take recourse to appropriate remedies in accordance with law if he is aggrieved by the conclusion arrived at by the police authorities.

Reserving liberty to the petitioner to do so, the writ petition is dismissed. Pending miscellaneous petitions, if any, shall also stand dismissed. No order as to costs.

____________________ JUSTICE SANJAY KUMAR 19th January, 2016 IBL