P SUDERSHAN Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) This writ petition is filed seeking a Writ of Mandamus directing the XII Metropolitan Magistrate, Hyderabad to enquire into the private complaint filed under Section 202, Cr.P.C. for an offence committed by the alleged accused shown in the complaint for which the Malakpet police registered Crime No.152/96, without waiting for the final report or a charge-sheet to be filed by the police and decide the matter on his own.

(2.) Heard both the Counsel.

(3.) The factual background of this case is that as per the version of the petitioner that on 24-10-1996 at about 7-30 p.m. while he was proceeding from his residence to his Advocate's office, the alleged accused attacked him at Malakpet and he lodged a complaint with the Malakpet police who in turn registered it as Crime No.152/96 under Sections 147,148, 307 and 427, IPC. Thereafter the petitioner seemed to have filed an application before the Commissioner of Police seeking police protection and when no orders were passed on his application he moved this Court by filing Writ Petition No.24337/96 seeking police protection on the ground that he apprehends danger to his life from the alleged accused. While the writ petition is pending consideration by this Court, the then Commissioner of Police, having taken into consideration the cases and counter-cases filed by the parties involved in this litigation, refused to provide police protection to the petitioner vide his Memorandum dated 27-11-1996, on the ground that the petitioner himself is involved in many criminal cases. At the same time, the Commissioner informed the petitioner that Crime No.152/96 on the file of Malakpet Police Station is being transferred to City Crime Station, a specialised agency for further investigation since the petitioner made certain allegations against the Malakpet police. When this fact was brought to the notice of the Court, the above writ petition was also dismissed. But, thereafter, the file was never transferred to C.C.S. Having waited for some time, the petitioner seemed'to have filed a private complaint in Crl.M.P. No.509/98 before the XII Metropolitan Magistrate, Hyderabad. The Magistrate seemed to have made an endorsement that as the police have registered a crime, the final report is awaited in this case. Now, ultimately the petitioner turned up saying that beyond 27-11-1996 nothing transpired in the matter. In those circumstances, the present writ petition is filed.