Dismissed

Munnuru Manemma v. The State of Telangana

Telangana HC17 Sept 2020WP/14212/2020

Case brief

AI extract

What is this about?

The High Court dismissed a writ petition seeking a mandamus to direct police to register a crime report. The Court held that effective remedies under the CrPC (Sections 156, 190, 200) are available, excluding this Court's jurisdiction for non-registration unless specific statutory conditions are met.

What did the court decide?

None granted; liberty to work out remedies under CrPC.

Munnuru Manemma Vs The State of Telangana — Writ and Judicial Review | Telangana HC (2020)

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original J urisdiction)

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THURSDAY, THE SEVENTEENTH DAY OF SEPTETVBER TWO THOUSAND AND TWENTY

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PRESENT

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THE HONOURABLE SRI JUSTICE P NAVEEN RAO

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WRIT PETITION NO:^'14212 OF 2020

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Between:

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N,4unnuru lVlanemma, W/o Dan Bahadur Bishat, Aged about 37 years, R/o H.No.1-612, Antha ra m Villa ge, Sa ngareddy, I,4eda k District.

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,..PETITIONER

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AND

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The State of Telangana, Rep by its Principal Secretary, Home Department, Secretariat of Telangana, Hyderabad.

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The Superintendent of Police, Sangareddy, IVledak District.

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The Station House Officer, Budera Police Station, arrnrr"Odt:..nAE113nl.Jri.,l*

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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 order or drrection especially one in the nature of Writ of l,4andamus declaring the inaction of the 3'd respondent for not registering my report daled 28-07-2Q20 as crime is illegal, improper, arbitrary and violation of Article 14 and 21 ol Constitution of lndla. Consequently direct the 3'd respondent to register my report dated 28-07 -2020 as crime and investigate the crime as per the provisions of Code of Criminal Procedure

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lA NO: 1 OF 2020

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the^petition, the High Court may be^pleasedto direct^{the 3'd} respondent to register my report dated 28-07-2020 as crime and^{investigatethe} crime as per the provisions of Code of Criminal Procedure

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Counsel for the Petitioner : SRI N.HARINADH

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Counsel for the Respondents : AGP FOR HOME

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The Court made the following: ORDER

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THE HON'BLE SRI JUSTICE P. NAVEEN RAO

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WRIT PETITION No.14212 OF 2O2O

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ORDER:

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

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This writ petition is filed alleging that even though cognizable crime was reported on 28.07.2020 before the Station House Officer, Budera Police Station, Sangareddy, Medak District, respondent No.3 herein, so far no crime is registered. Aggrieved by non- registration of crime, petitioner has also filed complaints with the higher authorities, but so far no steps are taken.

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lf the petitioner had grievance against non- registration of crime, she has an effective and efficacious remedy under the Criminal Procedure Code. Therefore, petitioner has to avail the remedy available in 1aw, before invoking the^jurisdiction of this Court.

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The very issue was considered by this Court in W.P.No.38397 of 2Ol9 and batch in Govind Raju Sami v. State of Telangana and Othersl. On consideration of the precedent decisions on the subject and the scope of provisions of the Code of Criminal Procedure, more particularly, Sections 156, 190 and 200 of Cr.P.C., this Court held as under:

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"34. Having regard to law propounded by Supreme Court, it is no more open for any one to contend that unless a report is filed aggrieved person is without remedy. [t is also no more open to contend that once crime is registered accused must be arrested and charge sheet/final report must be filed as a matter of course. Further, delay in completing the investigation can be for various reasons. Police may be waiting for forensic report/Medical report/the accused is absconding/ having regard to complex nature of crime reported more time is consumed to collect required data/ information to assess the nature of crime. number of documents and/or

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20 19 (3) ALT 139

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ivitnesses 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 IMahender Lal Das v. State of Bihar Appeal (Civil) No. lO38 of 2OO1 dated 12.10.20011. The jurisdictional Magistrate shall have all material facts in issue at his 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. "

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This 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 aflirmed the view taken by the Supreme Court in Sakiri Vasu v. State ofUttar Pradesh3 and

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Mohd. Yousuf v. Afaq Jahana and held as under:

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"17. In our opinion Section 156(3) Cr.P.C. is wide enough to include all such powers in a Magistrate which are nccessary for ensuring a proper investigation, and it includes the power to order registration of an FIR and of ordering a proper investigation if 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 rvorded, in our opinion, is very wide and it will include all such incidental powers as are necessary for ensuring a proper investigation. "

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Following the above decisions, this writ petition is dismissed granting liberty to the petitioner to work out her remedies on the issue of non-registration of crime stated to have been reported by the petitioner on 28.07.2020. Pending miscellaneous petitions shall stand closed.

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