Veta Lazarus Johnson vs The State Of Telangana
2023 Latest Caselaw 1561 Tel

         THE HON'BLE THE CHIEF JUSTICE UJJAL BHUYAN
                                       AND
               THE HON'BLE SRI JUSTICE N. TUKARAMJI


                     WRIT APPEAL No.420 of 2023

JUDGMENT: (Per the Hon'ble the Chief Justice Ujjal Bhuyan)


       Heard Ms. Dr.M.Madhavi Latha, learned counsel for

the appellant and Mr. M.Roopender, learned Government

Pleader for Home representing respondents No.1 to 3.

2. Appellant is aggrieved by order dated 27.02.2023

passed by the learned Single Judge disposing of

W.P.No.5529 of 2023 filed by the appellant.

3. Order dated 27.02.2023 reads as follows:

This writ petition is filed seeking to declare inaction of respondent No.3 - Station House Officer, Mills Colony Police Station, Warangal in considering the representation of petitioner dated 24.01.2023 for registering crime against respondent Nos.4 to 9 herein for their causing death by administering slow poison and smothering Veta Julia, also by avoiding treatment to her, food, by bearing her for money and committing theft of house documents and valuable articles, extortion by causing hurt, who is sister in law of the petitioner, as illegal and arbitrary.

2. Heard Dr. M. Madhavi Latha, learned counsel for petitioner, and learned Assistant Government Pleader for Home, and perused the material available on record.

3. Learned Assistant Government Pleader for Home having received the written instructions dated 06.02.2023 submitted that on receipt of the complaint of the petitioner, G.D. entry was made and enquiry revealed that the contents of the petition are false and respondent No.3 intimated the same to the petitioner by post on 06.02.2023. Earlier, one Veta Ruveen who is the daughter of petitioner filed W.P.No.36147 of 2022 seeking to declare action of respondent Nos.3 and 4 i.e., Inspector of Police and Sub Inspector of Police, Mills Colony Police Station, Warangal in interfering in civil disputes between the petitioner and respondent Nos.5 and 6 and the same is pending. The said Veta Ruaveena also filed W.P.No.4225 of 2022 seeking to declare the inaction of respondent No.3 in not registering F.I.R. against respondent Nos.4 to 8 therein and respondent Nos.4 and 5 herein upon the complaint of the petitioner dated 15.12.2021 as illegal. Vide order dated 14.07.2022, this Court disposed of the W.P. No.4225 of 2022. The complaint of petitioner's daughter was closed as 'civil in nature' and liberty was given to the writ petitioner therein to avail appropriate remedies available under law.

4. Recording the submissions of the learned Assistant Government Pleader for Home, the writ petition is disposed of. Petitioner is given liberty to

invoke appropriate legal remedies, if aggrieved by the closure of complaint. There shall be no order as to costs.

4. We are of the view that if the appellant is aggrieved by

the closure report of the police, he has the liberty to assail

the same under relevant provisions of the Code of Criminal

Procedure, 1973.

5. We, therefore, do not find any good reason to interfere

with the order passed by the learned Single Judge.

6. Subject to the observations made above, writ appeal

is disposed of.

Miscellaneous applications pending, if any, shall

stand closed. However, there shall be no order as to costs.

______________________________________ UJJAL BHUYAN, CJ

______________________________________ N. TUKARAMJI, J 10.04.2023 vs