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2020 DIGILAW 662 (TS)

Susan Tappata v. State Of Telangana

2020-09-02

T.VINOD KUMAR

body2020
JUDGMENT T. Vinod Kumar, J. - The present writ petition is filed under Article 226 of the Constitution of India for issue of a writ of mandamus directing the respondent authorities, in particular the 3rd respondent authority, to register FIR based on the complaint dated 08.06.2020 against the accused and investigate the case thereinto. 2. The present writ petition is taken up for hearing today, i.e. 02.09.2020, through Video Conferencing. 3. Heard learned counsel for the petitioner and learned Assistant Government Pleader for Home. 4. Learned Counsel for the petitioner reiterates the writ averments would submit that, despite the petitioner giving a complaint on 08.06.2020, the respondent authority has not initiated any action by registering an FIR or taking any action against the persons named in the complaint. Subsequent to the filing of the Writ Petition, the petitioner has received a communication, (though dated June, 2020), from the respondent authorities informing the petitioner that, since the complaint lodged disclosed commission of non-cognizable offence, permission had been sought from the concerned Magistrate for registering a case and investigate thereinto and such permission is awaited. 5. On the other hand, Learned Assistant Government Pleader for Home has forwarded to this Court by e-mail, written instructions dated 01.09.2020 under the signature of SubInspector of Police, Narsingi police station, Hyderabad. By the aforesaid written instructions, it is stated that upon receiving the complaint of the petitioner, the 3rd respondent authority found the contents of the petition are non-cognizable in nature and, as such, the authority made a requisition to the XVI Additional Metropolitan Magistrate, Cyberabad at Rajendranagar, requesting to accord permission to investigate into the matter of non-cognizable offence. It is further stated that the Hon'ble Court accorded permission, vide Dis. No.678/2020 dated 28.08.2020 to investigate the offence under Sections 506, 352 IPC and the said case is being investigated vide Consecutive No.11/2020 under Section 352 and 506 IPC of Narsingi police station. 6. Having regard to the submissions made as above, since a case has been registered by the authorities, after obtaining permission from the concerned Magistrate, the claim of the petitioner that the respondent authorities have not registered FIR and conducting investigation thereinto appears to be incorrect. 6. Having regard to the submissions made as above, since a case has been registered by the authorities, after obtaining permission from the concerned Magistrate, the claim of the petitioner that the respondent authorities have not registered FIR and conducting investigation thereinto appears to be incorrect. However, if the petitioner is aggrieved by the provisions invoked for registering the case and being investigated into by the 3rd respondent, it is open for the petitioner to approach the concerned Court seeking alteration of the provisions of law under which the above case has been registered. 7. Subject to the above observation, the Writ Petition is disposed of. Pending miscellaneous petitions, if any, shall stand closed in the light of this final order. No order as to costs.