Aruri Rajaiah, v. The State Of Telangana,

THE HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.34728 of 2016 ORDER:

This writ petition under Article 226 of Constitution of India is filed seeking a direction to the 3rd respondent to register a case basing on the complaint of the petitioner dated 14.07.2016 against the 4th respondent. The main grievance of the petitioner is that the Station House Officer, Madikonda Police Station, Warangal District is not registering a case against the 4th respondent basing on the complaint lodged by the petitioner dated 14.07.2016 which was acknowledged on 5.8.2016. The learned Additional Government Pleader for Home submitted that after verifying the complaint of the petitioner, the 3rd respondent rejected to register the case since it does not disclose any case, which attracts any cognizable offence.

Considering the facts and circumstances of the case, this Court is of the view that if the petitioner is aggrieved by the action of the 3rd respondent, he is at liberty to file a complaint before the superior officer and after rejection by the superior officer, if any, he can invoke the provision under Section 200 Cr.P.C. by filing a complaint before the concerned Magistrate to take the cognizance on the basis of his complaint.

With the above observation, the writ petition is disposed of. No costs.

Pending Miscellaneous Petitions, if any, shall stand closed. _________________ RAJA ELANGO,J 17.10.2016.

Tsr