Ch.Bhaskara Rao Vs The State of Telangana

Ch.Biaskara Rao, S/o Madhava Rao Age 42 years, Occ private Employee Rl/o Thumburu village,sathupalli I/andalkhamriram Dist.. temoorarilv dtariino at_Plot No.14 and^'15, Lotus Enclave, Secretariat Colony eupp'ataguOal R.R.Dist.

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...PETITIONER

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AND

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1 T.he State of Telangana, Rep.by its Principal Secretary (Home) Secretariat, Hyderabad.

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2 The Superintendent of Police Khammam, Khammam Dist.

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The Deputy Superintendent of Police, Sathupally, Khammam Dist.

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The SHO/Circle lnspector of Police Sathupalli, Khammam Dist.

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Smt.Chilukurthi Padma, W/o late Venkateswara Rao Age 49 years, Occ Housewife F/o Mustibanda Vittage, Dammapeta Mandil, Khjmmain Dist.

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..,RESPONDENTS

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Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue writ or direction preferably writ of [/andamus declaring the action of the respondents 3 and 4 in not receiving the complaint filed against the Sth respondent dt-29-8-2016 and refusing to receive the courier cover bearing Docket No. H56273213 and H562732'14 is illegal, arbitrary, violative of principles of natural justice and also violative of Art.300-4 of constitution of lndia and consequently direct the respondents 2 to 5 to receive the complaint and take appropriate steps by registering FIR against 5th respondent as per law

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l.A. NO: 1 OF 2016(WPMP. NO: 39802 OF 2016)

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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 pleased to Direct the respondents 3 & 4 to receive the complaint dt 29-082016 and take proper steps for registering the crime against Sth respondent as per law., pending the disposal of writ petition in the interest of^justice.

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Counsel for the Petitioner: SRl. M M M SRINIVASA RAO

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Counsel for the Respondent Nos.1 to 4: GP FOR HOME

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Counsel for the Respondent NO.S: --

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The Court made the following: ORDER

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THE HON'BtE SRI ]USTICE T. VINOD KUMAR

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W.P.No. 32181 of 2016

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ORDER:

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The grievance of lhe petitioner in the present Writ Petition is that basing on the complaint made by the petitioner on 29.08.2016, the respondents-a uthorities are not initiating action by registering the FIR against the unofficial respondent herein, which action of the respondents it is contended as highly illegal and arbitrary

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Heard learned counsel for the petitioner, the learned Government Pleader for Home appearing for the official respondents, and^perused the record.

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Though the name of the counsel appearing on behalf of the unofficial respondent is shown in the cause list, there is no representation on behalf of respondent No.5.

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The case of the petitioner in brief is that though he had approached the 4th respondent authority and submitted a representation dt.29.08.2016, no action has been taken thereon for registering a case against the unofficial respondent herein, which action of the respondentsauthorities it is contended as highly illegal and arbitrary.

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Per contra, Iearned Government Pleader for home appearing for respondent Nos.1 to 4 submits that the authorities on receiving the

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complaint from the petitioner on 29.08.2016, have registered a case, vide Crime No.231 of 2016 dt.06.10.2016 and are investigating into the same.

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Having regard to the submissions made as above, since, it is now informed to this court of the respondents-authorities registe.ng a case, videcrime No.231 of 2016 dt.06.10.2016 based on the compraint made by the petitioner, this court is of the view that the grievance of the petitioner in the present Writ^petition stands redressed.

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