A.C.Jyothi Mudaliar v. The Government Of Andhra Pradesh,

THE HON'BLE SRI JUSTICE A.V. SESHA SAI WRIT PETITION No.14784 OF 2014 ORDER:

This writ petition is filed under Article 226 of the Constitution of India for the following relief:

"to issue an appropriate writ, order or direction more in the nature of Writ of Mandamus, declaring the action of the 5th respondent in not taking any action against the respondents 6 to 13 even after making series of complainants by the petitioner on 19.10.2012, 27.3.2013 and 12.3.2014 as being illegal, arbitrary and is in negation of established judicial precedents apart from being in violation of Article 21 of the Constitution of India, and consequently direct the respondents 1 to 5 to forthwith take action in pursuance to the complainants lodged by the petitioner against the respondents 6 to 13 and to pass such other order or orders as this Hon'ble Court may deems fit just and proper in the circumstances of the case."

2.

When the matter is called today, written instructions dated 12.06.2014 furnished by the Sub Inspector of Police, Nagari Police Station, Chittoor District, have been placed on record by the learned Government Pleader for Home and the said instructions read as under: "It is submitted that the petitioner sent the complaint in Xerox copy. Hence, an entry was made into the General Diary of the Station on 1.5.2014 after conducting preliminary enquiry into the matter necessary steps will be taken. A copy of the complaint which was received by post is filed along with the instructions for the kind perusal of this Hon'ble Court While the complaint (Xerox copy) is pending consideration, the petitioner filed the present writ petition. On receipt of the communication about the filing of the present writ petition, this respondent personally visited the house of the petitioner and enquired the matter with him. He stated that he did not sent any complaint to the Police Station but his counsel may be sent the same to the Police Station. In view of the above, this respondent requested him to give

original copy of the complaint or any fresh complaint to take necessary action. He did not submit the original copy of the complaint till date and hence no action was taken. To that effect, entries were made into the General Diary of the station. Copy of the GD entry is filed along with the written instructions for the kind perusal of this Hon'ble Court.

It is humbly submitted that this respondent is ready and willing to take action on the complaint of the petitioner herein if he submits any original complaint."

3. On noticing the said written instructions, learned counsel for the petitioner requested this court to dispose of the writ petition, keeping it open for the petitioner herein to make fresh complaint to the respondent police authorities.

4. In view of the above, writ petition stands disposed of, keeping it open for the petitioner herein to make fresh complaint, in accordance with law, to the respondent police authorities and if any such complaint is received, the same be considered and appropriate action be taken in accordance with law.

5. Miscellaneous petitions pending consideration, if any, in the Writ Petition shall stand closed in consequence. No order as to costs. __________________ A.V.SESHA SAI, J 19th August, 2015 ss