Telangana High Court
Vasireddy Balu Mahesh Chandra vs The State Of Telangana And 5Others on 18 October, 2022
Author: B. Vijaysen Reddy
Bench: B. Vijaysen Reddy
HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY
WRIT PETITION No.33377 OF 2022
ORDER:(ORAL) When the matter was posted on 17.10.2022, there was no representation for the petitioner. Even today, there is no representation for the petitioner.
2. The grievance of the petitioner is that respondent Nos.3 and 4 are not registering his complaint dated 19.04.2022 and that they have registered a false case against him and his family members on the complaint made by respondent No.6
3. The case of the petitioner is that respondent No.6 is his father-in-law. The marriage of the petitioner with the daughter of respondent No.6 was performed on 22.08.2021. It is stated that the petitioner came into contact with the daughter of respondent No.6 through face book in the year 2016. Prior to the marriage, the petitioner was having Canadian citizenship. The daughter of respondent No.6 failed twice in obtaining H-1B visa and her temporary visa was about to expire in the year 2021. Somehow, the daughter of respondent No.6 accepted the marriage proposal with the petitioner as he was having Canadian citizenship. The 2 BVR,J W.P.No.33377_2022 marriage was to be performed in May, 2021, however for some reasons, the marriage was postponed till August 2021, by which time the daughter of respondent No.6 was selected through lottery for H-1B visa. The stamping of visa was done after the marriage.
4. It is further stated that immediately after the marriage, the petitioner's wife picked up quarrel with the petitioner and avoided to join matrimonial house. She did not co-operate for registration of marriage, which was scheduled two days after the marriage. She did not join the conjugal life with the petitioner. After attending some ritual at the house of the petitioner on the next day of the marriage, the daughter of respondent No.6 picked up quarrel and disappeared for three days. In spite of enquiries made by the petitioner, respondent No.6 and his family members did not give any information. The daughter of respondent No.6 avoided the petitioner while going for stamping of H-1B visa in Delhi in September, 2021. Without knowledge and information to the petitioner, the daughter of respondent No.6 left for United States of America (USA) by declaring her status as 'Single'. The 3 BVR,J W.P.No.33377_2022 petitioner tried to trace the whereabouts of the daughter of respondent No.6. Finally, through his friends, the petitioner came to know that the daughter of respondent No.6 is working in USA.
5. The petitioner, having realised that he had been cheated, got issued a legal notice to respondent No.6 and his daughter. The petitioner filed a petition in FCOP.No.569 of 2022 before the Family Court at L.B.Nagar, for divorce. He also filed a complaint before respondent No.3 - Commissioner of Police, Khammam, against respondent No.6 and his daughter, and the same was referred to Women Police Station, Khammam. The Inspector of Women Police Station, Khammam, called both the families for counselling. Respondent No.6 lodged a false complaint against the petitioner and the same was blindly registered as Crime No.34 of 2022 on the file of Women Police Station, Khammam, for the offence under Section 498-A of the Indian Penal Code, 1860, while keeping the complaint lodged by the petitioner pending. The action of the police is arbitrary and unconstitutional. Respondent No.3 is acting in bias and Crime No.34 of 2022 on 4 BVR,J W.P.No.33377_2022 the file of Women Police Station, Khammm, registered against the petitioner, be transferred to I Town Police Station, Khammam.
6. Learned Assistant Government Pleader for Home submitted that the petitioner did not lodge a complaint as required under Section 154 of the Code of Criminal Procedure, 1973 (Cr.P.C), before the concerned Station House Officer nor taken any steps to file a private complaint under Section 200 Cr.P.C, instead the petitioner approached respondent No.3 by way of filing complaint dated 19.04.2022. It is further submitted that basing on the complaint in Crime No.34 of 2022, investigation was taken up. Before registration of the said complaint, both parties were counselled. Due to adamant attitude of the petitioner, Crime No.34 of 2022 was registered against him. Enquiry was conducted on the complaint made by the petitioner to respondent No.3. A memo was received from respondent No.3 vide C.No.72/CP- KMM/2022 dated 13.08.2022 with instructions to transfer the CD file in Crime No.34 of 2022 to the Station House Officer/Inspector of Police, I Town Police Station, Khammam, for further investigation.
7. Learned Assistant Government Pleader further submitted that the main grievance of the petitioner has been addressed. So far as the second grievance of not registering the petitioner's complaint is 5 BVR,J W.P.No.33377_2022 concerned, the petitioner may be given liberty to approach the concerned Station House Officer and lodge a complaint as required under Section 154 Cr.P.C or file a private complaint under Section 200 Cr.P.C. The Commissioner of Police is not a proper person to register any complaint in any case. It is further stated that at the instance of respondent No.3, the Inspector of Police, Women Police Station, Khammam, conducted enquiry and submitted report dated 15.08.2022.
8. As seen from the material available on record, enquiry report dated 15.08.2022 was submitted by the Inspector of Police, Women Police Station, Khammam, to respondent No.3. It is stated that Crime No.34 of 2012 is transferred to I Town Police Station, Khammam. There is no information as to whether the report dated 15.08.2022 is acted upon and final decision thereon is taken by respondent No.3. This Court is not inclined to express any opinion on merits with regard to the claim of the petitioner. However, respondent No.3 is directed to take a decision pursuant to the report dated 15.08.2022 submitted by the Inspector of Police, Women Police Station, Khammam, within a period of four (04) weeks from the date of receipt of a copy of this order. The petitioner is given liberty to lodge a report/complaint as 6 BVR,J W.P.No.33377_2022 required under Section 154 Cr.P.C., against his wife, respondent No.6 and others, or give a private complaint under Section 200 Cr.P.C
9. With the above observations, the writ petition is disposed of. No costs.
As a sequel thereto, miscellaneous applications, if any, pending shall stand closed.
____________________ B. VIJAYSEN REDDY, J Date:18.10.2022 Vv