HONOURABLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITIION No. 28992 of 2008 DATED 29TH OCTOBER, 2014.
BETWEEN Syed Habibuddin and anr ….Petitioners And State of Andhra Pradesh, rep. by its Secretary, Home Department, Secretariat, Hyderabad and ors …Respondents.
HONOURABLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITIION No. 28992 OF 2008.
ORDER:
This Writ Petition was filed challenging the action of respondents 2 to 4 in not receiving the complaint from the petitioners and registering a case against respondents 5 to 10.
The Sub Inspector of Police, Ghatkesar Police Station, Ranga Reddy District filed a counter affidavit stating that the petitioner approached him on 21.12.2008 and lodged a complaint against Mr. Abid and his brother, Vazeed. After receiving the said complaint, an entry was made in the General Dairy and a requisition was filed before the learned Special Metropolitan Magistrate at Cyberabad, L.B. Nagar seeking to permit the police to launch prosecution under Section 323 IPC against the accused in the complaint. After obtaining the permission from the Court, cases in Consecutive Nos. 452 of 2008 to 454 of 2008 were registered on 21.12.2008 and after completion of investigation, charge sheet was filed before the Court on 07.01.2009 and the same was taken on file as STC.No.94 of 2009. After trial, the Criminal Court imposed fine of Rs.600/- against the accused in STC.No. 94 of 2009. It was further stated that the petitioner never lodged complaint against unofficial respondents 5,6,7 and 10, but he lodged complaint against respondents 8 and 9 and therefore no action was initiated against remaining unofficial respondents.
In view of the aforesaid averments made in the counter affidavit by the fourth respondent, no further orders are required to be passed in the Writ Petition and the Writ Petition is liable to be dismissed.
The Writ Petition is dismissed. Miscellaneous petitions pending consideration if any in the Writ Petition shall stand closed in consequence. No order as to costs.
JUSTICE A. RAMALINGESWARA RAO DATED 29TH OCTOBER, 2014.
Msnro