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High Court for State of TelanganaWP/14479/2015disposed of no costs

Smt A.Vijaya, v. State Of Telangana,

2015-05-14K.C.Bhanu3 pages

THE HON'BLE SRI JUSTICE K.C.BHANU WRIT PETITION No.14479 of 2015 ORDER:

The relief sought for in this writ petition is to declare the action of the respondents in registering F.I.R.No.103 of 2015 against the petitioners under Sections 447 & 506 of I.P.C. and Section 3(1) (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short 'the Act') on the file of Balanagar Police Station, Cyberabad as illegal and arbitrary.

Heard both sides.

An efficacious alternative remedy is available to the petitioners to challenge F.I.R.No.103 of 2015 registered against them under Section 447 and 506 of I.P.C. and Section 3(1)(x) of the Act. There cannot be any dispute that if the complaint discloses commission of cognizable offence, then it is the statutory duty of the police to conduct investigation. If that complaint does not disclose commission of any cognizable offence, then an effective alternative remedy is available to the petitioners under Section 482 of Cr.P.C. Therefore, the writ petition is disposed of, giving liberty to the petitioners to avail the remedy in terms of Section 482 of Cr.P.C. The miscellaneous petitions pending, if any, shall also stand disposed of. There shall be no order as to costs. ____________ K.C.BHANU, J Date: 14.05.2015 JSU/TSY

THE HON'BLE SRI JUSTICE K.C.BHANU WRIT PETITION No.14479 of 2015

Date: 14.05.2015 JSU