Telangana High Court
WP/28344/2009 of Eetala Bhanu Yadav, Vs The Commissioner of Police, on 29 December 2009
Sri Justice Tamada Gopala Krishna Writ Petition No.28344 of_2009 Order: This Writ Petition is filed by the petitioner seeking a Writ of Mandamus to declare the action of respondent No.4 in not taking any action on his complaint, dated 02-12-2009, as illegal and arbitrary. 2. According
The Hon’ble Sri Justice Tamada Gopala Krishna
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Order:
This Writ Petition is filed by the petitioner seeking a Writof Mandamus to declare the action of respondent No.4 in nottaking any action on his complaint, dated 02-12-2009, as illegaland arbitrary.
2. According to the petitioner, he filed the above saidcomplaint seeking to protect his land from illegal grabbing bysome unsocial elements before respondent No.4 on 02-12-2009, but, no action has been initiated by respondent No.4 sofar. Being aggrieved by the same, the petitioner filed thepresent Writ Petition.
3. Heard the learned Counsel for the petitioner and thelearned Government Pleader for Home for the respondents.
4. The learned Counsel for the petitioner has submitted thatwhen a complaint makes out a cognizable offence, the Policeare duty bound to register the same as a crime and investigateinto 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 petitioner, he has an alternative remedyof filing a private complaint before the competent criminal Court,as provided under Section 200 Cr.P.C. As and when suchprivate complaint is filed, the Magistrate concerned may eithertake cognizance of the offence or refer the matter to the Police,as provided under Section 156 (3) Cr.P.C. On such privatecomplaint being received, the Police have no option except toregister the same as a crime, investigate into it, and submit afinal 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 his 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