Smt K. Savita v. The State of Telangana
Case brief
What is this about?
This Court disposed of a writ petition filed by a petitioner seeking direction to the police to register an FIR after she complained of mob assault and property damage. The court declined to interfere directly with the police's decision to wait for regularization permission, directing the petitioner instead to avail the appropriate remedy by moving the Magistrate under Section 156(3) CrPC.
What did the court decide?
The petitioner was granted liberty to approach the Magistrate under Section 156(3) CrPC for relief if dissatisfied with the police reply; the writ petition was disposed of.
What the court decided
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)
TUESDAY, THE FIFTEENTH DAY OF SEPTEIVBER TWO THOUSAND AND TWENTY
PRESENT
THE HON'BLE SRI JUSTICE P. NAVEEN RAO
WRIT PETITION NO: 15257 OF 2020
Between:
Smt K. Savita, Wo. K Surender Babu, aged about 56 years, Occ. Retd. Govt. Employee F/o. H.No.2-25l15, Savita Sadan, Beside lndian Bank Lane, lndira Nagar.Gachibowli, Hyderabad,R R Dist.. T.5-500 032.
,..PETITIONER
AND
- The State of Telangana, Rep. by its Prl. Secretary Department of Home. Telangana Secretariat. Hyderabad, TS
- The Commissioner of Police, Cyberabad, office at Gachbowli, Hyderabad, TS
- The Station House Officer, Gachibowli Police Station, Cyberabad, Ranga Reddy District, T.S.
Issues for consideration
3 issues framed by the court
Whether the writ petition is maintainable to direct registration of an FIR despite police contention regarding lack of building permission.
Whether Section 156(3) CrPC empowers a Magistrate to order registration of an FIR separately from the issue of building permission.
What remedy is available to a petitioner aggrieved by a police reply denying action in a cognizable offence case.
Parties & counsel
- petitioner
K. Savita
- respondent
State of Telangana
- respondent
Commissioner of Police, Cyberabad
- respondent
Station House Officer, Gachibowli Police Station
- respondent
Respondents 4 to 16
Case details
As recorded by the court registry
- Court
- Telangana HC
- Decided on
- · September
- Registered
- Case no.
- WP/15257/2020
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