THE HON'BLE THE CHIEF JUSTICE UJJAL BHUYAN
AND
THE HON'BLE SRI JUSTICE N. TUKARAMJI
WRIT APPEAL No.473 of 2023
JUDGMENT: (Per the Hon'ble the Chief Justice Ujjal Bhuyan)
Heard Ms. D.Nitya, learned counsel for the appellants.
2. This appeal is directed against the order dated
02.03.2023 passed by the learned Single Judge disposing of
Writ Petition No.5291 of 2023 filed by the appellants as the
writ petitioners.
3. Appellants had filed the related writ petition
praying for the following relief:
"Petition under Article 226 of the Constitution of India
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 on the
part of the respondent police in registering crime on the
complaint of the petitioner dated 02-02-2023 as illegal, arbitrary and violation of Articles 14 and 21 of the Constitution of India, unwarranted and contrary to well settled principles of law and consequently direct the respondents 2 HCJ & NTRJ W.A.No.473 of 2023 police to register crime by considering the complaint of the petitioners dated 02-02-2023 in the interest of justice."
4. The writ petition was disposed of by the learned Single Judge holding as follows:
"This writ petition is filed to declare the inaction on the part of respondent Police in registering crime on complaint of the petitioners dated 01.02.2023 as illegal and arbitrary.
2. Based on the written instructions learned Assistant Government Pleader for Home submitted that on 31.01.2023 Supervisor and Jr. Engineer of Electricity Department came to their apartment i.e., SNR Sri Sri Kalakuteer Apartments and entered into their apartment without permission of security/residents and without any notice, disconnected the power supply to all 150 flats thereby caused severe inconvenience to the flat owners. Pursuant to that GD entry was made. During the enquiry, it was revealed that the matter pertains to 'Civil in Nature', as such respondent No.5 suggested the petitioners to approach the competent authority for their grievance and closed the said complaint as "Civil in Nature". A copy of notice, dated 22.02.2023, intimating closure of complaint of the petitioners along with written instructions is served on the learned counsel for the petitioners.
3. In view of the same, writ petition is disposed of. However, petitioners are given liberty to invoke appropriate legal remedy, if aggrieved by closure of their complaint. No costs."
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W.A.No.473 of 2023
5. We do not find any error or infirmity in the view taken by the learned Single Judge. As observed by the learned Single Judge, if the appellants are aggrieved by closure of the investigation, they are at liberty to approach the competent Magistrate with an objection to such closure.
6. Subject to the above, Writ Appeal is dismissed.
However, there shall be no order as to costs.
7. As a sequel, miscellaneous applications pending, if any, in this Writ Appeal, shall stand closed.
_______________________ UJJAL BHUYAN, CJ _______________________ N.TUKARAMJI, J Date: 24.04.2023 KL