Telangana High Court
WP/34710/2011 of Adarsha Seva Sangam Vs The D.I.G. of Police, on 30 December 2011
SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION No.34710 of 2011 ORDER: The action of the respondents, in not registering the petitioner’s complaint dated 13.08.2011, and in not causing investigation there into, is questioned in this Writ Petition as being illegal and arbitrary. As held by
THE HON'BLE SRI JUSTICE RAMESH RANGANATHAN
WRIT PETITION No.34710 of 2011
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ORDER:
The action of the respondents, in not registering thepetitioner’s complaint dated 13.08.2011, and in not causinginvestigation there into, is questioned in this Writ Petition as beingillegal and arbitrary.
As held by the Supreme Court, in Sakiri Vasu v. State of Uttar Pradesh and others[[1]], the petitioner has an effectiveremedy under Section 156(3) of the Code of Criminal Procedure,1973 (Cr.P.C.), whereunder the Magistrate concerned has not onlythe power to order registration of the offence, but also to direct theofficer in-charge of the concerned police station to hold properinvestigation as also to monitor the same.
In view of the alternative remedy available to the petitioner, Iconsider it wholly inappropriate to exercise jurisdiction underArticle 226 of the Constitution of India. Leaving it open to thepetitioner to avail the alternative remedy under Section 156(3)Cr.P.C, the Writ Petition is dismissed. However, in thecircumstances, without costs.
RAMESH RANGANATHAN,JDate:30.12.2011usd