Issue Of Improper Investigation By Police Cannot Be Decided Under Writ Jurisdiction Of High Court, Private Complaint To Be Filed: Telangana High Court
The Telangana High Court recently ruled that inaction by the police in day to day activities cannot be decided in Writ Petition and a private complaint has to be filed. Justice Lalitha Kanneganti observed: "Day in and day out, several writ petitions are being filed stating that the police are not conducting proper investigation and not filing the charge sheet nor they are...
The Telangana High Court recently ruled that inaction by the police in day to day activities cannot be decided in Writ Petition and a private complaint has to be filed. Justice Lalitha Kanneganti observed:
"Day in and day out, several writ petitions are being filed stating that the police are not conducting proper investigation and not filing the charge sheet nor they are arresting the accused. At any stretch of imagination, those issues cannot be decided by this Court while exercise of jurisdiction under Article 226 of the Constitution."
The Writ Petition was filed questioning the action of police in forcing the petitioner to compromise the case with the accused. The Petitioner had given a complaint to the police and the same was registered. It was stated by Ms. Pratibha Bejjarram who was the counsel for the petitioner that instead of conducting investigation into the alleged crime, the police were forcing the petitioner to compromise the matter with the unofficial respondents and they were not conducting proper investigation and not filing the charge sheet, hence, she came before this Court.
Sri S. Rammohan Rao, Assistant Government Pleader for Home, submitted that in the course of investigation, seven witnesses were examined and their detailed statements had been recorded. The police were waiting for permission for
The Court believed that it was no doubt true that when a complaint is given and a cognizable offence is made out, police have to register a crime and conduct thorough investigation and file the charge sheet. However, any lapse on the part of the Investigating Officer cannot be a ground for the petitioner to approach this Court.
The Court stated that if she is aggrieved by the action / inaction of the Investigating Officer, the appropriate and efficacious remedy available is to file a private complaint against the said officer before the competent Court.
The Writ petition was thus disposed of with a liberty to the petitioner to avail appropriate remedies.
Case Title: K.Savya v. The Station House Officer
Citation: 2022 LiveLaw (Tel) 38