Telangana High Court

WP/22534/2004 of K.Srinivas Rao Vs The Station House Officer on 27 December 2004

Cites 0, Cited by 0

COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY SEVENTH DAY OF DECEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 22534 of 2004 Between: K.Srinivas Rao S/o.Kishan Rao, aged 30 years,

IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD

(Special Original Jurisdiction)

MONDAY, THE TWENTY SEVENTH DAY OF DECEMBERTWO THOUSAND AND FOUR

PRESENT

THE HON'BLE MR JUSTICE L.NARASIMHA REDDY

WRIT PETITION NO : 22534 of 2004

Between:

K.Srinivas Rao S/o.Kishan Rao, aged 30 years,Occu:Contractor, Durshed Village Karimnagar (M)&Dist.

AND

... PETITIONER

1 The Station House Officer, Karimnagar Rural Police Station.

2 M.Chandi Rani W/o.K.Srinivas,

Dureshed Village, Karimnagar Dist.

...RESPONDENTS

Petition under Article 226 of the constitution of India praying that in thecircumstances stated in the Affidavit filed herein the High Court may be pleased toissue an order or direction more particularly one in the nature of writ of mandamus orany other appropriate writ declaring the action of the respondent No.1 in not takingany action as per Law and not arresting the respondent No.2 even though FIR inCrime No.336 of 2004 dt 6-8-2004 registered for offence punishable undersection.166 of IPC, is arbitrary, illegal, null and void and consequently direct therespondent no.1 to take necessary action against the respondent no.2, againstwhom FIR in Crime No.336/2004 dt 6-8-2004 is registered for an offence punishableunder section.166 of IPC.

Counsel for the Petitioner:MR.K.VENUMADHAV

Counsel for the Respondent No.1: GP FOR HOME

The Court at the admission stage made the following :

Citations and Judicial Treatment

No citing decisions in the index yet

Cited by

0

Decisions in the index citing it

Cites

0

Decisions referred to

In this index

0

Of the decisions it cites

Overruled / Questioned

0

No negative treatment found

Loading the citing and cited decisions…

O R D E R:

The grievance of the petitioner is that the first respondent has not taken any actionagainst the second respondent, though FIR in Crime No.336/2004 has beenregistered, for an offence punishable under Section 166 of IPC. The petitioner filed acomplaint under Section 200 of Cr.P.C., before the Additional Judicial Magistrate ofFirst Class, Karimnagar, against the second respondent, with certain allegations.The learned Magistrate referred the matter to the first respondent, under Section156(3) of Cr.P.C. Thereafter, the second respondent submitted a report to the trialCourt, stating that no case is made out against the second respondent. The firstrespondent filed a counter affidavit stating in detail the various steps taken by him,on receiving a reference from the trial Court, as well as the result of his investigation.

Once, the matter has been investigated by the police under Section 156(3) ofCr.P.C., and a report is submitted to the Court, which referred the matter, it is for theconcerned Court to take stock of the matter. If the complainant is aggrieved by thereport submitted by the police, he can certainly file a protest petition. This Courtcannot interfere with the matter, at this stage, that too under Article 226 of theConstitution of India.

Hence, the writ petition is disposed of, leaving it open to the petitioner to work out hisremedies, in accordance with the relevant provisions of Criminal Procedure Code,before the appropriate Court. There shall be no order as to costs.

Note:Issue copy in three days.

(B/o)

pan

To

1 The Station House Officer,

Karimnagar Rural Police Station, Karimnagar.

2 Two C.Cs to the Govt.Pleader for Home, High Court building, Hyderabad (OUT).

3 Two C.D.copies.

_________________

27[th] December, 2004

You have used today's free searches. Sign in, for free, to keep searching without a limit.

Compass reads the judgments for you and finds the paragraphs for and against your question. Sign in to use it.

My Vault follows judgments for you and records every later decision that cites them. Sign in to keep one.

Sign in to download the court's PDF. The full text stays free to read here.

Sign in, for free, to download the court copy. Reading the full text here stays open to everyone.

Search and read Indian judgments without limits, save them to My Vault and find the relevant paragraphs with Compass.

Open the sign-in page instead