Telangana High Court
WP/28201/2009 of Hari Venkata Subba Lakshmi Vs The Station House Officer on 29 December 2009
Sri Justice Tamada Gopala Krishna Writ Petition No.28201 of_2009 Order: This Writ Petition is filed by the petitioners seeking a Writ of Mandamus to declare the action of the respondent in not taking any action on their complaint, dated 24-08-2009, as illegal and arbitrary. 2. According
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Order:
This Writ Petition is filed by the petitioners seeking a Writof Mandamus to declare the action of the respondent in nottaking any action on their complaint, dated 24-08-2009, asillegal and arbitrary.
2. According to the petitioners, they have filed the abovesaid complaint against one Smt.Harini alleging misappropriationof funds of the partnership firm and seeking protection of theirlife in anticipation of threat from her. But however, no actionhas been initiated by the respondent so far. Being aggrieved bythe same, they filed the present Writ Petition.
3. Heard the learned Counsel for the petitioners and thelearned Government Pleader for Home for the respondent.
4. The learned Counsel for the petitioners has submittedthat when a complaint makes out a cognizable offence, thePolice are duty bound to register the same as a crime andinvestigate into it and prayed to allow this Writ Petition.
5. It is to be noted that when the Police do not act upon thecomplaint given by the petitioners, they have an alternativeremedy of filing a private complaint before the competentcriminal Court, as provided under Section 200 Cr.P.C. As andwhen such private complaint is filed, the Magistrate concernedmay either take cognizance of the offence or refer the matter tothe Police, as provided under Section 156 (3) Cr.P.C. On suchprivate complaint being received, the Police have no optionexcept to register the same as a crime, investigate into it, andsubmit a final report, as provided under Section 173 Cr.P.C.
6 . In view of the same, the petitioners are directed to approach the competent criminal Court and file a privatecomplaint before it, for redressal of their grievance.
7. With the above direction, this Writ Petition is disposed of.There shall be no order as to costs.
Date: 24[th] December, 2009lur
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Tamada Gopala Krishna, J