THE HONOURABLE SRI JUSTICE N.TUKARAMJI WRIT PETITION No.36672 OF 2016

O R D E R:

This Writ Petition is filed under Article 226 of Constitution of India seeking the following relief/s:-

“….to issue a Writ order or direction more particularly one in the nature of WRIT OF MANDAMUS declare the action of the Respondent Nos.2 to 4 in not re-investigating the matter by registering a crime against the culprits under Section 302 r/w 34 of IPC based on the complaint dated 21.10.2014 and order of the State Human Rights Commission dated 03-03-2016 as illegal, arbitrary, unconstitutional and violation of Fundamental Rights guaranteed under the Constitution of India and violation of Articles 14, 16 and 21 of the Constitution of India and pass such other relief as this Court deems fit and proper in the circumstances of the case....”

2. I have heard Mr.Mohd Gulam Rasool, learned counsel appearing on behalf of the petitioner and Mr.R.Laxmikanth Reddy, learned Assistant Government Pleader for Home appearing for respondent Nos.1 to 4.

3. Learned counsel for the petitioner submits that the respondent Nos.2 to 4 are showing indifference in re-investigating the matter by registering a crime against the offenders/accused for the offence under Section 302 r/w 34 of IPC. Accordingly, the petitioner has submitted representations to the respondents and even to the Human Rights Commission and prayed for an appropriate direction.

4. The learned Assistant Government Pleader for Home submits that as per the instructions, no crime was registered as contested by the petitioner, as such the question of re-investigating the material shall not arise.

5. I have perused the materials on record.

6. The petitioner contest is that, inspite of police report dated 21.10.2014, the respondent Nos.2 to 4 failed to re-investigate the matter. By the submissions of the learned Government Pleader, no crime was registered basing on the complaint or no proceedings have been initiated by the police. Thus, the question of re-investigation shall not arise. Even otherwise, if the police failed to re-investigate the case as prayed by the petitioner in representation. The remedy of the petitioner is to approach Magistrate concerned and file a petition under Section 173(8) of Code of Criminal Procedure seeking re-investigation/further investigation. Without availing the remedy available under statutory framework, the petitioner’s prayer for a direction to the police for reinvestigation is found not proper.

7. Accordingly, reserving the right of the petitioner to avail appropriate remedies available under law, if the cause still survives, this Writ petition is dismissed. There shall be no order as to costs.

Miscellaneous Petitions, pending if any, shall stand closed.

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N.TUKARAMJI, J Date: 19.08.2025 KRL