Jurpula Phoolsingh v. State Of Telangana

THE HONOURABLE SRI JUSTICE A.V.SESHA SAI WRIT PETITION No.1793 OF 2018 ORDER:

This writ petition is filed under Article 226 of the Constitution of India, assailing the alleged inaction on the part of the Sub-Inspector of Police, Karepalli Police Station, Khammam District on the complaint, dated 17.12.2017, said to have been given by the petitioner herein.

2.

Today, when the matter is taken up, written instructions, dated 23.01.2018, submitted by the Station House Officer, Karepalli Police Station are placed on record by the learned Government Pleader for Home. The said instructions read as under:- "It is respectfully submitted that the petitioner herein has filed the writ petition seeking a Writ of Mandamus to declare the inaction of the Sub Inspector of Police, Korepalli Police Station on the complaint dated 17.1.2017 given by the petitioner as illegal and arbitrary.

It is respectfully submitted that on receipt of communication about the filing of the writ petition by the petitioner herein, this respondent has thoroughly verified the records of this respondent police station including the Station General Diary as to whether any complaint dated 17.1.2017 purported to have been lodged by the petitioner herein was received.

The records revealed that no such complaint was received in this respondent police station and hence no action was taken on it till date.

It is submitted that this respondent is ready and willing to initiate action if the petitioner approaches this

respondent police station with the similar complaint dated 17.1.2017 or any fresh complaint.

In the absence of receipt of complaint dt.17.1.2017, this respondent is unable to take any action on it.

In view of the above, I pray this Hon'ble Court to pass appropriate orders as this Hon'ble Court may deem fit and proper in the circumstances of the case." 3.

Reiterating the instructions furnished by the Station House Officer, it is submitted by the learned Government Pleader that if the petitioner herein submits a complaint now, the same will be considered in accordance with law.

4.

Recording the said submission, the Writ Petition is disposed of, keeping it open to the petitioner herein to submit a complaint to the Sub-Inspector of Police, Karepalli Police Station, Khammam District, respondent No.3 herein, within a period of one week from the date of receipt of a copy of this order and if any such complaint is received within the time stipulated, the same shall be considered and appropriate action shall be taken by respondent No.3 in accordance with law. There shall be no order as to costs. 5.

Miscellaneous Petitions pending, if any, in this Writ Petition shall stand closed.

_________________________ JUSTICE A.V.SESHA SAI Date : 24.01.2018 Note:- Furnish C.C. within two (2) days.

B/O AMD

THE HONOURABLE SRI JUSTICE A.V.SESHA SAI WRIT PETITION No.1793 OF 2018 Date: 24.01.2018 AMD