WP/24092/2020 of Smt. Balamani Vs The State of Telangana on 30 December 2020

ORDER:

Heardlearnedcounselforthepetitioner,learnedAssistantGovernment [Pleader ][for ][Home ][appearing ][for ][respondents']

2. This writ [petition ][is ][Iiled ][alleging ][that ][even ][though ][cognizable]crime was reported [on ][t2,12.2O2O, ][so ][far ][crime ][is ][not registered']

3. If the petitioner had [grievance ][against ][non-registration ][of crime']he has an effective and [efficacious remedy ][under ][the ][criminal]Procedure Code. [Therefore, ][petitioner ][has ][to ][avail ][the ][remedy]available in law, before invoking [the ][jurisdiction ][of ][this ][Court.]

4. The very issue was considered by this [Court ][in ][W.P.No.38397 of]2018 and batch in Govind Raju Sami v. State of [Telangana ][and]Othersl. On consideration of the precedent decisions on the subjectand the scope of provisions of the Code of Criminal Procedure, moreparticularly, Sections i56, 190 and 200 of Cr.P.C., this Court held asunder:

'34. Having regard to law propounded by Supreme Court, it is nomore open for any one to contend that unless a report is filedaggrieved person is without remedy. It is also no more open tocontend that once crime is registered accused must be arrested andcharge sheet/final report must be filed as a matter of course. Further,delay in completing the investigation can be for various reasons,Police may be waiting lor forensic report/Medical report/the accusedis absconding/ having regard to complex nature of crime reportedmore time is consumed to collect required data/ inlormation to assessthe nature of crime, number of documents and/or r,vitnesses aremore. While determining delay, it is necessary to consider each caseon its facts having regard to attending circumstances including natureof offence, number of accused and rvitnesses etc [Mahender La] Das v.more open for any one to contend that unless a report is filedaggrieved person is without remedy. It is also no more open tocontend that once crime is registered accused must be arrested andcharge sheet/final report must be filed as a matter of course. Further,delay in completing the investigation can be for various reasons,Police may be waiting lor forensic report/Medical report/the accusedis absconding/ having regard to complex nature of crime reportedmore time is consumed to collect required data/ inlormation to assessthe nature of crime, number of documents and/or r,vitnesses aremore. While determining delay, it is necessary to consider each caseon its facts having regard to attending circumstances including natureof offence, number of accused and rvitnesses etc [Mahender La] Das v.State of Bihar Appeal (Civil) No. 1038 oI 2001 dated 12.10.2O011. Thejurisdictional Magistrate shall have a1l matenal lacts in issue at ]ris ' [zors ]1:1alr [rso]

command to assess the issue and shall be competent to go into allaspects when matters are brought before him and to take appropriatedecision. It is also within the competence of superior olficers to assessthe conduct of Station House Officer and to take remedial actionwhenever there is deliberate and unexplained delay in investigationand filing of final report.,,

5. This aspect was considered by the Hon,ble Supreme Court inM.Subramaniam and another v. S.Janaki and another2. In the saidjudgment, the Hon'ble Supreme Court affirmed the vien, taken by theSupreme Court in Sakiri Vasu v. State of Uttar pradesh3 and Mohd.Yousuf v. Afaq Jahan+. The Hon'ble Supreme Court noted theopinion expressed in Sakiri Vasu. In Sakiri Vasu, the Supreme Courtheld as under:

"17. In our opinion Section 156(3) Cr,P.C. is wide enough to includeall such powers in a Magistrate which are necessary for ensuring aproper investigation, and it includes the power to order registration ofan FIR and of ordering a proper investigation if the Magistrate [is]satisfied that a proper investigation has not been [done, ]or [is ]not [being]done by the police. Section 156(3) [Cr.P,C., ][though briefly ][worded, ][in]our opinion, is very wide and it will include [all ][such ][incidental ][powers]as are necessary for ensuring a [proper investigation."]

18. It is well settled that [when ][a ][power ][is ][given ][to ][an ][authority ][to ][do]something it includes such incidental [or implied ][powers ][which ][would]ensure the [proper doing ][of ]that [thing. In ][other words, when any ][power]is expressly granted by the [statute, ][there ][is ][impliedly included ][in ][the]gruai, .r.,"r, without special mention, [every ][power ][and ][every control]ihe denial of which would [render ][the grant itsell inellective ][Thus]where an Act confers [jurisdiction ][it ][impliedly ][also ][grants the ][power of]doing all such acts or [employ such means ][as ][are ][essentially ][necessary]for its execution."

6. Following the above [decisions, ][this Writ ][Petition ][is ][dismissed]to [petitioner ][to ][work out ][her ][remedies ][on the ][issue of non-]with liberty registration of [crime stated ][to ][have been ][reported by the petitioner ][on]1,2.12.2O2O. [Pending miscellaneous ][petitions shall ][stand ][closed']

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AssrsPlRrsAJXt"'tXilSECTION [OFFICER]

//TRUE [COPY//]

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I?f"u$* [oi ][-re\ansana ][at HYderabad]

HIGH [COURT]DATED:3011212020

ORDER

WP.No.24092 [of ][2020]

DISMISSING [THE ][WRIT ][PETITION]WITHOUT COSTS

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