WP/24344/2020 of Guru Thipperudraswamy Vs The State of Telangana on 31 December 2020

ORDER:

Heard learned counsel for the petitioner and learnedAssistant Government Pleader for Home.Assistant Government Pleader for Home.

2. This writ petition is filed alleging that even though cognizablecrime was reported on 13.11.2020 sent through e-mail and on15.1i.2020 physically, so far, crime is not registered.

3. The grievance of petitioner is against non-registration ofcrime, even though cognizabie crime is reported. If the petitionerhad grievance against non-registration of crime, he has an effectiveand 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 inW.P.No.38397 of 2018 and batch in Govind Raju Sami v. State ofTelangana and Othersl. On consideration of the precedentdccisions on the subjcct and the scope of provisions of thc Codc o1'Crimin.rl Procedure, morc particularly, Sections 1 56, 190 and 20Oof Cr.P.C., this Court held as under:

"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 arestedand charge sheet/final report must be filed as a matter of course.Further, delay in completing the investigation can be for variousmore 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 arestedand charge sheet/final report must be filed as a matter of course.Further, delay in completing the investigation can be for variousreasons. Police may be waiting for forensic report/Medicalreport/the accused is absconding/ having regard to complexnature of crime reportodJnore time is consumed to collectreport/the accused is absconding/ having regard to complexnature of crime reportodJnore time is consumed to collect required dat.r/information to [assess ][the nature ][of ][crime, number]of docllments and/or u,itnesses are [more ][While ][determining]delay, it is necessary to consider [each ][case ][on ][its ][facts ][having]regard to attending circumstances [including nature ][of ][offence,]number of accused and witnesses etc [Mahender [Lal Das ][v ][State]oI Bihar Appeal [(Civil) ]No. [1038 ][of ][2001 ][dated ][12 10.20011 ][The]jurisdictional Magistrate shall have all material facts in issue athis command to assess the issue [and shall ][be competent ][to ][go]into all aspects when matters [are ]brought [before ][him ][and to ][take]appropriate decision. It is [also ][within ][the ][competence ][of ][superior]officers to assess the conduct [of ][Station ][House ][Officer and ][to ][take]remedial action whenever there [is ]deliberate [and ][unexplained]delay in investigation and filing [of ][final report.']

JThis aspect was considered by the [Hon'ble Supreme ][Court in]

M.subramaniam and another v. [S.Janaki and ][another2. In ][the]said [judgment, ]the Hon'ble [Supreme ][Court af{irmed the ][view taken]by the Supreme Court in [Sakiri ][Vasu ][v. ][State ][of ][Uttar ][Pradesh3]and Mohd. Yousuf v. [Afaq ][Jahana. The Hon'ble Supreme Court]noted the opinion expressed in [Sakiri ][Vasu. ][In ][Sakiri ][Vasu, ][the]Supreme Court held as under:

"17. In our opinion Section [156{3) Cr'P ][C. ][is ][wide enough ][to]include all such [porvers ]in a [Magistrate rvhich ][are ][necessary ][for]ensuring a proper investigation, [and ][it ][includes ][the ][po$'er ][to]order registration [of ]an [FIR ][and of ordering a proper investigation]il 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. ][ln ][other]words, when anv [power ]is expressly [granted by ][the statute, ][there]is impliedly included in the [grant, ][even ][without ][special mention,]every power and [every ]control [the ][denial of ][which would ][render]the grant itself ineffective. [Thus where ][an ][Act ][confers ][jurisdiction]

t 2o2o scc online s.c. 3413 {2008) 2 SCC 409'' {2006) I SCC 627

it impliedly also grants the power of doing all such acts or emplot,such means as are essentially necessary for its execution.,'

6. Following the above decisions, this writ petition is dismissedgranting liberty to the petitioner to u,ork out his remedies on theissue ol non - registration of crime stated to have been reportedby him on 13.1 1.2020 and 15.11.2020. pending miscellaneouspetitions shall stand closed.

To,\1. One CC to Sri Sarosh Bastawala, Advocate [OPUC]2. Two CCs to GP for Home, High Court for the State of Telanganaat Hyderabad. [OUT]3. Two CD CopiesSMd HIGH COURT

DATED:3111212020

ORDERWP.No.24344 ol 2020

DISMISSING THE WPWITHOUT COSTS

9s6.

1HEsI3 06JAt't2021