Seggyam Komaraiah v. The State of Telangana
Case brief
What is this about?
The court allowed the writ petition alleging arbitrary non-registration of a case because a case was subsequently registered based on a later complaint by a different party involving the same accused, thereby redressing the petitioner's grievance.
What did the court decide?
Writ petition closed as grievance redressed by subsequent registration of case involving same accused on different complaint.
What the court decided
THE HON’BLE SRI JUSTI CE T.VI NOD KUMAR
WRI T PETI TI ON No.599 of 2020
O R D E R :
This writ petition is filed to declare the action of the 3rd respondent in not registering a case, based on the complaint of the petitioner, dated 30.05.2018, as illegal and arbitrary.
- Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Home.
- Learned Assistant Government Pleader for Home, on written instructions, dated 20.01.2020, a copy of which is placed on record of this Court, submits that one Seggyam Komraiah sent a complaint to the Station House Officer, Thorrur Police Station, through registered post, on 05.07.2019, and on receipt of the said complaint, a GD entry was made and enquiry was done and after enquiry, a case was registered in Crime No.19 of 2020 for the offences under Sections 341, 384, 323, 506 read with Section 34 IPC on the file of Thorrur Police station, on 18.01.2020.
- Having regard to the fact that a case is registered based on the complaint of the petitioner, the grievance of the petitioner in the present writ petition stands redressed and no further orders need be passed in the matter.
- The writ petition is accordingly closed. Pending miscellaneous petitions, if any, shall also stand closed. No order as to costs.
Issues for consideration
2 issues framed by the court
Whether the writ petition should be allowed in light of the registration of a case following a later complaint.
Whether the impugned action of not registering a case based on a prior complaint is illegal and arbitrary.
Parties & counsel
- petitioner
Petitioner
- respondent
Assistant Government Pleader for Home
- respondent
3rd Respondent
Coram
Case details
As recorded by the court registry
- Court
- Telangana HC
- Decided on
- · February
- Registered
- Case no.
- WP/599/2020
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