In a writ petition challenging police inaction in registering a complaint against two individuals, the High Court, invoking Subramanyam Vs. Janakit, dismissed the petition as it was not inclined to interfere, allowing the petitioner private complaint.
The writ petition was dismissed without costs, liberty being granted to file a private complaint.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)
WEDNESDAY, THE TWENTY FIFTH DAY OF AUGUST TWO THOUSAND AND TWENTY ONE
PRESENT
THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI
wRrT PET|T|ON NO. 3462 0F 2018
Between:
S.Santha, w/o Ghansya, aged about 40 years, occ. Household , rlo 3-49, Kongara Kalan Tanda, lbrahimpatnam Mandal, R.R.District. ...PETITIONER AND 1 The State of Telangana, rep. by its Principal Secretary, Home Department, Secretariat, Hyderabad. 2.7 The The Commissioner of Police, Rachakonda Station House Officer, Adibatla Police Station, at Gachibowli, lbrahimpatnam Hyderabad. Division, Ranga Reddy District. 4 Chilka Srinu, s/o not known to the petitioner, aged major, r/o Kongara Kalan village, I brahimpatnam l\rlandal, R.R. District. 5 Chilka Raju Srinu, s/o not known to the petitioner, aged major, r/o Kongara Kalan village, lbrahimpatnam [/andal, R.R.District.
...PETITIONER
..,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 particularly one in the nature of Writ of Mandamus, declaring the inaction of the respondent No. 3 in taking action against the unofficial respondent Nos. 4 and 5, pursuant to the complaint dt.6-'1-2018 even after the repeated visits made by the petitioner as being illegal, arbitrary, unjust and uncon stitutional, and consequently direct the Respondent Nos. 2 and 3 herein to forthwith act upon the complaint and take action against the unofficial respondents in accordance with Law.
lA NO: 1 OF 2018
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 pleased to pass orders directing the respondent No.3 herein to forthwith register a criminal case against the unofficial respondent Nos.4 and 5 pursuant to the complaint dt. 6-1-20'18, pending disposal of the main Writ Petition.
Counsel for the Petitioner: SRI VEMPATI MALLIKARJUNA SASTRY
Counsel for the Respondent Nos. 1 to 3: GP FOR HOME
Counsel for the Respondent Nos.4 & 5: -
The Court made the following: ORDER
HON'BLE SRI JUSTICE ABHINAND KUMAR S,HAVILI
W.P.No.3462 of 2018
ORDER:
l. When the matter is taken up for hearing, leamed oounsel for the petitioner contended that the petitioner has made a cornplaint before respondent No.3 against the unofficial respondent on 05.01.2018 and the grievance of the petitioner is that respondent No.3 is not registering the said complaint. Challenging the inaction of the lespondents-Police in registering the complaint nrade by the petitioner, the present writ petition is filed.
3 . Pending Miscellaneous Petitions, if any, shall stand closed.
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SDi.N,CHANDRA SEKHAR RAO ASSISTANT REGISTRA
//TRUE COPY//
SECTION CER
To, 1. One CC to Sri Vempati Mallikariuna Sastry, Advocate [OPU']l 2. Two CCs to GP for Home, High Court foi the Stateof Telanganaat Hyderabad. lourl 3. Two CD Copies. MP4. One Spare Copy.
HIGH COURT
DATED:2510812021
ORDER
WP.No.3462 ot 2018
I
STA r€
1
,J ,20 sEP2021
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DISMISSING THE WRIT PETITION WITHOUT COSTS
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2 issues framed by the court
Whether the High Court should entertain a writ petition challenging police inaction in registering a complaint given available alternate remedies.
Whether the Guardian Writ Petition seeking a criminal case against unofficial respondents is maintainable under Article 226.
Colour shows how this judgement treated each authority
Subramanyam Vs. JanakitExplained¶21
Subramanyam Vs. Janakit
S.Santha
The State of Telangana
The Commissioner of Police, Rachakonda
Chilka Srinu
Chilka Raju Srinu
Abhinand Kumar Shavili
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
