S. Nagendra Prasad v. The State Of Andhra Pradesh

HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.37832 of 2016 ORDER:

The present writ petition is filed by the petitioner under Article 226 of the Constitution of India, seeking to declare the action of the respondents in not filing the charge sheet in FIR No.59 of 2016 on the file of Vallur Police Station, YSR Kadapa District, as illegal and arbitrary, and consequently, direct the respondents to comply with Rule 7 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, and file charge sheet in the above FIR.

Heard and perused the material available on record. The main grievance of the petitioner is that on the basis of the complaint filed by him before the 5th respondent against the unofficial respondents, who abused him in the name of his caste, the above crime was registered, but the police did not choose to conduct investigation. Considering the facts and circumstances of the case and the grievance of the petitioner, without expressing any opinion on merits, respondents Nos.2 to 5 are directed to conduct investigation in the above crime, complete the same and file a final report, as expeditiously as possible.

With the above direction, the Writ Petition is disposed of. No costs. Consequently, miscellaneous petitions pending, if any, shall stand closed.

______________ RAJA ELANGO, J November 04, 2016.

KTL