Hyderabad : Telangana high court has taken strong exception to the failure of police to register an FIR on a complaint alleging a serious mob attack on a woman and her family in Malkajgiri.
The observations came while hearing an appeal filed by 62-year-old Kunta Saroja of Malkajgiri. Admitting the appeal, the division bench sought a response from the police department and posted the matter to Oct 26 for further hearing.
“Why have police shied away from filing an FIR when there is a cognisable offence alleged, even assuming there was a compromise between both parties, as claimed?” a bench of acting Chief Justice P Sam Koshy and Justice Narsing Rao Nandikonda asked. A mob barged into her house and brutally assaulted her and her family members in June, according to Saroja. Despite submitting detailed complaints on two occasions, along with CCTV footage and medical records, the Malkajgiri police allegedly did not register an FIR. Challenging the single judge’s order, she filed a writ appeal. The counsel also offered to place precedent judgments in support of the contention. In her original petition, Saroja sought directions to the Malkajgiri police to register an FIR, conduct a fair and effective investigation, initiate action against all those allegedly involved in the attack, and provide protection to her family to prevent further incidents. She had also placed photographs of the alleged assault on record. The single judge, noting that the police had already closed the complaint, observed that the allegations required verification of facts.
Saroja had earlier approached the high court alleging police’s inaction on her complaint, but a single judge had declined to grant relief. Opposing the appeal, govt counsel argued that appeals in criminal matters are not maintainable before the high court and must instead be pursued before the Supreme Court. The court granted liberty to Saroja to file a protest petition before the trial court and directed that the trial court examine the matter and take appropriate action in accordance with law.