Disposed

Mr. Shaik Salam Bin Mahmood Bawazair v. The State of Telangana and 6 others

Telangana HC11 Feb 2020WP/1463/2020

Case brief

AI extract

What is this about?

The petitioner filed a writ petition alleging arbitrary action by the police in not registering an FIR based on a complaint. The Court held that the police had issued a notice for enquiry and directed the petitioner to furnish documents to the authority before closing the matter.

What did the court decide?

The writ petition is closed; copies of the police notice calling for documents are handed over to counsel; subject to furnishing documents, the authority shall take action; costs and pending applicati

Mr. Shaik Salam Bin Mahmood Bawazair Vs The State… — Writ and Judicial Review | Telangana HC (2020)

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THE HON’BLE SRI JUSTICE T. VINOD KUMAR Writ Petition No.1463 of 2020

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ORDER :

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The present writ petition is filed to declare the action of the official respondents 1 to 5, more particularly 5^th respondent-Inspector of Police, Bahadurpura Police Station, in not registering FIR against the unofficial respondents 6 & 7, in pursuance of the petitioner’s written complaint dated 13.01.2020, as being arbitrary, discriminatory, highhanded, ex-facie illegal and dereliction of duty.

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Heard Sri Nazir Ahmed Khan, learned counsel for the petitioner and the learned Assistant Government Pleader for Home appearing for the official respondents 1 to 5.

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The Assistant Government Pleader for Home, on written instructions dated 04.02.2020, a copy of which is placed on the record of this Court, submits that the 5^th respondent received the petitioner’s complaint on 14.01.2020, through post. Thereupon, the 5^th respondent deputed its staff to the house of the petitioner at the given address for taking necessary action, but the deputed staff reported that the house number of the petitioner is not traced out, as such the Sub-Inspector of Police sent a notice dated 30.01.2020 to the petitioner, through registered post, asking him to appear before the 5^th respondent along with relevant documents for the purpose of enquiry and necessary action.

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The learned Assistant Government Pleader for Home has placed before this Court a copy of the notice dated 30.01.2020 sent to the petitioner by registered post at the address mentioned in the complaint. Based on the above, the learned Assistant Government Pleader submits that it is incorrect to say that the 5^th respondent did not take any action on the complaint made by the petitioner.

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Since a notice dated 30.01.2020 is issued to the petitioner calling upon him to produce the necessary documentary proof in support of the above complaint and a copy of the said notice is also being handed over to the learned counsel for the petitioner today in the open Court, it is open for the petitioner to approach the 5^th respondent authority and furnish the relevant documents, whereupon the authority shall take necessary action on the complaint made by the petitioner herein.

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Subject to the above observation, the writ petition is closed. However, there shall be no order as to costs.

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As a sequel thereto, Miscellaneous Applications, if any, pending in this Writ Petition shall stand closed.

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___________________ T. VINOD KUMAR, J

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Date: 11.02.2020 Isn

Mr. Shaik Salam Bin Mahmood Bawazair v. The State of Telangana and 6 others

Case brief

What is this about?

What did the court decide?

Mr. Shaik Salam Bin Mahmood Bawazair v. The State of Telangana and 6 others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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