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High Court for State of TelanganaWP/2409/2015dismissed no costs

Mrs. Fatima Mahjabeen, v. The State Of Telangana, Rep. By Its Principal Secretary,

2019-09-17P.Keshava Rao2 pages

THE HON'BLE SRI JUSTICE P. KESHAVA RAO WRIT PETITION No.2409 OF 2015 ORDER:

Heard learned counsel for the petitioner and learned Government Pleader for Home appearing for respondents 1 to 3. 2.

The prayer sought in the Writ Petition is as under: "For the reasons stated in the accompanying affidavit, it is hereby prayed that this Hon'ble Court may be pleased to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction of the 2nd and 3rd respondents herein in initiating appropriate action against the 4th respondent herein as highly illegal, arbitrary, unconstitutional and to consequently direct the 3rd respondent to forthwith consider petitioner's representation dt.19.11.2014 and to pass such other order or orders as this Hon'ble Court may deems fit just and proper I the circumstances of the case."

3.

The basic grievance of the petitioner in the present Writ Petition is that in spite of submitting a representation and after reference of a private complaint to respondent No.3, there is no action more particularly in registering a crime. 4.

Learned Government Pleader for Home placed on record the written instructions dated 09.02.2015 issued by the Sub-Inspector of Police, Saifabad, Hyderabad. A perusal of the said written instructions would reveal that on the representation dated 19.11.2014 submitted by the petitioner and on the private complaint filed under Section 200 Cr.P.C., a case in Cr.No.702 of 2014 under Section 420 I.P.C. was registered against respondent No.4 on 01.09.2014 and investigation was taken up. Learned Government Pleader also brought to the notice of this Court that

subsequent to the issuance of the written instructions, investigation in the above said crime was completed and a final report was filed on 29.02.2016 referring the matter as lack of evidence.

5.

In that view of the matter, this Court is of the opinion that no further cause would survive in the Writ Petition. If at all the petitioner has any grievance or objection, the remedy available to her is before the appropriate Court, where the final report was filed. Therefore, the Writ Petition is liable to be dismissed. 6.

The Writ Petition is accordingly dismissed leaving it open to the petitioner to take steps in accordance with law. Pending miscellaneous petitions, if any, shall stand closed. _______________________ P. KESHAVA RAO, J Date:17.09.2019 KH