Chatla Syamala v. The State Of Andhra Pradesh,

THE HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.40601 OF 2016 ORDER:

This writ petition, under Article 226 of the Constitution of India, is filed seeking a direction to respondent Nos.2 and 3 to register a case against respondent Nos.4 and 5 basing on the complaint, dated 9.9.2016, of the petitioner. 2.

Heard and perused the material available on record. 3.

The main grievance of the petitioner is that respondent Nos.2 and 3 are not registering a case against respondent Nos.4 and 5 basing on the complaint lodged by her on 9.9.2016. 4.

Considering all the facts and circumstances of the case, this Court is of the view that it is needless to say that if a complaint filed by an aggrieved person discloses an offence, which is cognizable in nature, necessarily, the Station House Officer concerned has to register a case and investigate into the same. Hence, respondent Nos.2 and 3 herein are directed to register a case against respondent Nos.4 and 5 basing on the complaint, dated 9.9.2016, of the petitioner, if the complaint discloses a cognizable offence. If the petitioner is aggrieved by the action of respondent Nos.2 and 3, she is at liberty to approach the superior officer of respondent No.2 and also to approach the concerned Court by invoking the provision under Section 200 Cr.P.C. 5.

Accordingly, the Writ Petition is disposed of. There shall be no order as to costs.

6.

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

_________________________ JUSTICE RAJA ELANGO 23.11.2016 AMD

THE HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.40601 OF 2016 Date: 23.11.2016 AMD