K.N.Velayudam, v. The State Of A.P.,

THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.4966 of 2016 ORDER:

The prayer of the petitioner in this case is as under: "For the reasons stated in the accompanying affidavit, the petitioner herein prayed that, this Hon'ble Court may be pleased to issue a Writ, Order or Direction, preferably one in the nature of Writ of Mandamus, declaring the inaction of the respondents No.2 & 3 in taking any action against the 5th respondent in spite of the representation/complaint dated 25.01.2016 made by the petitioner as illegal, arbitrary, and violative of Articles 14 and 21 of the Constitution of India and consequently to direct the Respondents No.2&3 to take action on the representation/complaint dated 25.01.2016 made by the petitioner against the 5th respondent as per Law by initiating Criminal Proceedings and to pass such other and further order or orders as this Hon'ble court may deem fit and proper in the circumstances of the case."

The Sub-Inspector of Police, Palamaner Police Station, Chittoor District, furnished written instructions dated 23.02.2016 to the office of the learned Government Pleader for Home, wherein he stated that no complaint had been received from the petitioner. In the light of the categorical denial of the police authorities, Ms. N. Sameena, learned counsel for the petitioner, fairly conceded that her client may be given liberty to make a fresh complaint. The writ petition is accordingly disposed of leaving it open to the petitioner to make a fresh complaint in accordance with law, if warranted. Needless to state, in the event any such complaint is made, the police authorities are bound to take action thereupon in accordance with the directions of the Supreme Court in Lalita Kumari v. Government of Uttar Pradesh[1].

Pending miscellaneous petitions, if any, shall stand closed in the light of this final order. No order as to costs.

____________________ JUSTICE SANJAY KUMAR 1st March, 2016 IBL [1] (2014) 2 SCC 1