Dismissal of a writ petition seeking direction to police to register a complaint for criminal offence, holding that such writs are not maintainable as remedies exist under the Code of Criminal Procedure.
Petition dismissed; liberty granted to avail remedies under Code of Criminal Procedure.
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HIGH COURT FOR THE STATE OF TELANGANA (Special Original Jurisdiction)
WEDNESDAY ,THE NINTH DAY OF SEPTEIVBER TWO THOUSAND AND TWENTY
PRESENT
THE HON'BLE SRI JUSTICE P. NAVEEN RAO
WRIT PETITION NO: 1'1723 OF 2020
Between:
Chava Suresh Babu, S/o. Chava Venkat Rao, Aged .51 years, Occ.Business, Rio. H.No.7-1-621113,AIBISPL/NIlG, Sanjeeva Reddy Nagar, Hyderabad-500038
..PETITIONER
AND
...RESPONDENTS
Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ, order or direction, more in the nature of Writ of lVlandamus declaring the inaction of the respondent No.2 to 6 in registering the complaint daled 22.07.2020 and 26.07.2020 against the erector of respondent No.7 and her henchmen for the offences of criminal trespass, criminal breach of trust and criminal intimidation punishable under lndian Penal Code, 1860 is as being arbitrary, illegal and violative of article 14, 21 AND 300-4 of Constitution of lndia apart from being contrary to constitutional benchjudgment of the apex coud reported in (2014) 2 SCC 1 including the principals of naturaljustice and consequently direct the respondents No.2 to 6 to register the complaint of the petitioner and apprehend the accused.
lA NO: 1 OF 2020
Petition under Section 15'1 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may bepleased to stay of all further proceedings pursuant to direct the respondents No.2 to 6 to acknowledge the complaint daled 22.07.2020 and 26.07.2020 and to provide police protection to the petitioner and his family members pending disposal of this writ petition.
Counsel for the Petitioner : M/s. P. SASIDHAR REDDY
Counsel for the Respondent Nos.'t to 6: AGP FOR HOME
Counsel for the Respondent No.7:---------
Thc Court madc the follorving: ORDER
l
HONOURABLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.11723 OF 2O2O
ORDER:
Heard learned counsel for petitioner and IearnedAssistant (iovernment Pleader for Home.
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HIGH COURT
DATED:09/09/2020
ORDER
WP.No.'l 1723 ol 2020
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DISMISSING THE WP
WITHOUT COSTS
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1 issue framed by the court
Whether a writ petition under Article 226 seeking registration of a complaint for non-registration of a crime is maintainable when sufficient remedies are available under CrPC.
Colour shows how this judgement treated each authority
Lalita Kumari u. State of Uttar PradeshReferred¶29
(2014) 2 SCC 1 · Who else cites this
Gouinda Raju Sami u. State of TelanganaDistinguished¶30
(2018) 2 ISCC 1
4 provisions across 3 enactments
Chava Suresh Babu
The State of Telangana
Director General of Police, State of Telangana
Commissioner of Police, Hyderabad
Deputy Commissioner of Police, West Zone
Assistant Commissioner of Police, Punjagutta
P. NAVEEN RAO
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
