LAWS(TLNG)-2019-12-314

MOHAMMED NAYEEMUDDIN Vs. STATE OF TELANGANA

Decided On December 04, 2019
Mohammed Nayeemuddin Appellant
V/S
State of Telangana Respondents

JUDGEMENT

(1.) This Writ Petition is filed to declare the action of the respondents in particular respondent No.4, the Station House Officer, police station Zaheerabad Town, Sangareddy District, Telangana in not filing the final report/charge sheet in Crime No.41 of 2018 dated 03.03.2018 of police station Zaheerabad Town pending on the file of Judicial Magistrate of I Class at Zaheerabad as being illegal, arbitrary and contrary to the provisions of Section 173 Cr.P.C.

(2.) Heard learned counsel for the petitioner and learned Assistant Government Pleader for Home.

(3.) The case of the petitioner is that he is the owner of a house bearing Municipal No.2-1-318 situated at Subhash Gunj, Zaheerabad. The said house was let out to one G. Jagan Mohan Reddy for being used as a residential house. However, the petitioner learnt that the said G. Jagan Mohan Reddy along with his brother had opened a medical shop in two rooms on the front side of the house and also converted the other part of the house into a children clinic, contrary to the purpose for which the house was let out. It is the further case of the petitioner that G. Jagan Mohan Reddy forged the signatures of the petitioner in a document prepared on Rs.20/- of non-judicial stamp paper termed as declaration dated 02.01.2013 and used the same to obtain licence to run the medical shop. Having noticed that the said tenant forged the signature of the petitioner, the petitioner initially approached the 4th respondent making a complaint and on the refusal of the 4th respondent to take the said complaint, the petitioner also approached the respondents 2 and 3 who also refused to entertain the complaint. Having failed to have his complaint registered with the police authorities, the petitioner filed a private complaint under Section 200 Cr.P.C. before the Judicial Magistrate of I Class at Zaheerabad who was pleased to refer the same to the 4th respondent. It is only after the said complaint being forwarded by the Judicial Magistrate of I Class, the 4th respondent registered a case in Crime No.41 of 2018 dated 03.03.2018 against G. Jagan Mohan Reddy and his brother M. Venkateswar Reddy under the provisions of Sections 420, 427, 465, 471, 504 and 506 of IPC .