Malladi Lakshmi vs The State Of Telangana And 4 Others
2021 Latest Caselaw 1055 Tel

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

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