Telangana High Court
Naseem Begum vs The State Of Telangana on 6 June, 2024
Author: B. Vijaysen Reddy
Bench: B. Vijaysen Reddy
HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY
WRIT PETITION No.34601 OF 2023
ORDER :
(ORAL)
This writ petition is filed by the petitioner seeking to declare the
action of respondent No.2 - the Commissioner of Police, Hyderabad, in
not taking any action on her complaints dated 20.02.2023 and
04.08.2023 which were forwarded by the Telangana State Legal
Services Authority (for short 'TSLSA'), as being illegal, arbitrary and
unconstitutional.
2. Heard learned counsel for the petitioner and learned Assistant
Government Pleader for Home, and perused the material available on
record.
3. Learned counsel for the petitioner submitted that respondent
No.3 is the sister-in-law of the petitioner. On the complaint dated
30.10.2003 lodged by respondent No.3 against the petitioner and her
other siblings, Crime No.134 of 2003 was registered with Bhavani
Nagar Police Station for the offences under Sections 498A of the Indian
Penal Code and Sections 3 and 4 of the Dowry Prohibition Act, 1961
(for short 'the Act') and the same was closed as 'Lack of evidence'.
It is submitted that the petitioner had to spend thousands of rupees for
applying bail and for obtaining surety amounts. After closure of the
said case, respondent No.3 filed another complaint on 01.03.2007 and
pursuant to the same, Crime No.265 of 2006 was registered with South
Zone (WPS) Police Station, Hyderabad for the offences under Sections
498A IPC and Section 4 of the Act wherein charge sheet was filed in
C.C. No.123 of 2017 on the file of learned XV Additional Chief
Metropolitan Magistrate, Hyderabad. It is submitted that the petitioner
filed Crl. P. No.10877 of 2018 under Section 482 Cr.P.C. for quashing
the said charge sheet and the same was allowed by order dated
18.10.2022 holding that there is no material to proceed against the
petitioner and other Accused persons therein.
4. It is submitted that thereafter on 06.02.2023, the petitioner
addressed a letter to the Hon'ble Chief Justice of the High Court for the
State of Telangana for initiating necessary action against respondent
No.3 for misusing the provisions of law for harassing innocent citizens.
The Hon'ble Chief Justice forwarded the complaint to the TSLSA
and thereafter, TSLSA addressed letter to respondent No.2 to take
necessary action. The grievance of the petitioner is that despite letter
addressed by the TSLSA, respondent No.2 did not take any action.
Learned counsel submitted that the petitioner was falsely implicated in
two criminal cases. Thus, action should have been taken against
respondent No.3 for committing offence under Section 211 IPC.
5. Learned Assistant Government Pleader for Home submitted that
offences under Sections 182 and 211 IPC are not attracted in the instant
case. So far as, Crime No.134 of 2003 is concerned, the same was
closed as 'Mistake of Fact'. The offence under Section 182 IPC would
be attracted if information is turned out to be false. C.C. No.123 of
2017 arising out of Crime No.265 of 2006 was quashed by this Court
holding that there is no material against the petitioner and other
Accused.
So also, the Section 211 IPC is not attracted as there is no judgment
given by the trial Court. In regard to the Sections 499 and 500 IPC,
the Police have no power to file charge sheet as per Section 199 Cr.P.C.
It is submitted that pursuant to the complaint of the petitioner received
through the TSLSA, the Police have submitted status report on
11.03.2024 stating that Sections 182 and 211 IPC are not attracted in
the instant case. Further, the Police do not have power in connection
with the Sections 499 and 500 IPC as per Section 199 Cr.P.C. Learned
Assistant Government Pleader also brought to the notice of this Court
the intimation dated 30.08.2023 issued under the Right to Information
Act, 2005 to the petitioner intimating that the Sections 182 and 211 IPC
are not attracted.
5. In view of the above, no further orders are required to be passed.
The writ petition is disposed of. There shall be no order as to costs.
As a sequel thereto, miscellaneous applications, if any, pending
in this writ petition stand closed.
______________________
B. VIJAYSEN REDDY, J
Date. 06.06.2024
RRK
