Item No.117
THE HON'BLE THE CHIEF JUSTICE HIMA KOHLI
AND
THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY
I.A.No.1 OF 2020 IN/AND W.A.No.595 OF 2020
COMMON JUDGMENT: (Per the Hon'ble the Chief Justice Hima Kohli)
1. The present appeal has been filed by the appellant/writ petitioner
assailing an order dated 13.10.2020 passed by the learned Single Judge
in W.P.No.17572 of 2020.
2. The relief prayed for by the appellant/writ petitioner in the writ
petition was for issuing a writ of Mandamus declaring the action of the
respondents No.2 to 4/police authorities in not registering a crime based
on her complaints dated 17.07.2020 and 19.08.2020 against her brother, who is the respondent No.5, as arbitrary and illegal.
3. By the impugned order, the learned Single Judge has closed the writ petition with liberty granted to the appellant/writ petitioner to work out her remedies prescribed under the Code of Criminal Procedure on the issue of non-registration of crime.
4. At the outset, we have requested learned counsel for the appellant/writ petitioner to address this court on the maintainability of the present appeal in the light of the judgment of the Supreme Court in the case of Ram Kishan Fauji v. State of Haryana and others, reported as (2017) 5 SCC 533. Learned counsel states that he may be permitted to withdraw the present appeal while reserving the right of his client to W.A.No.595 OF 2020 Page 1 of 2 2 seek her remedies against the private respondent No.5 under the Code of Criminal Procedure.
5. Leave, as prayed for, is granted. The present appeal and the interlocutory application are disposed of as not pressed along with the pending applications, if any.
_________________ HIMA KOHLI, CJ ______________________ B. VIJAYSEN REDDY, J 31.03.2021 Lrkm W.A.No.595 OF 2020 Page 2 of 2