Fakhruddin v. The Prl Secretary,

THE HON'BLE SRI JUSTICE M.SEETHARAMA MURTI WRIT PETITION No.8364 OF 2018 ORDER:

This Writ Petition, under Article 226 of the Constitution of India, is filed by the petitioner seeking verbatim the following relief: "... to issue a Writ, order or direction more in the nature of Mandamus declaring the action of the respondents 5 to 7 in not taking the action against the respondents 8 to 11 as illegal arbitrary, and opposed to the provisions of the art 19,21,300(A) of the constitution of India consequently to direct the respondents Nos 5 to 7 to lodge a FIR against Respondents 8 to 11 and arrest them accordingly and to pass such other or further orders as this Hon'ble Court may deem fit and proper." 2.

I have heard the submissions of the petitioner, who appeared as party-in-person, and of the learned Government Pleader for Home (TG) appearing for respondent Nos.1 to 4. I have perused the material record. 3.

The grievance of the writ petitioner is that despite lodging a report on 21.12.2017 with the Station House Officer, Habeeb Nagar Police Station, Hyderabad City, neither a crime was registered nor action has been initiated following the precedential guidance in the decision of the Honourable Supreme Court in Lalita Kumari vs. Government of Uttar Pradesh1.

4.

Learned Government Pleader for Home, on written instructions, a copy of which is placed on record, would submit that the petitioner has approached the police of Habeeb Nagar Police Station and lodged a report on 21.12.2017 requesting to initiate action against the unofficial respondent Nos.8 to 11, inter alia stating that they cheated him and resorted to misappropriation, and that an entry was made in the General 1 (2014) 2 SCC 1

Diary of the Police Station and that on the point of jurisdiction, the petitioner was directed to approach the Station House Officer, Golconda Police Station, as the alleged offence has taken place within the jurisdiction and the limits of the said Police Station and that the complaint of the petitioner was forwarded to the Station House Officer, Golconda Police Station vide letter, dated 19.03.2018, and that the petitioner is also informed of the said fact. 5.

Having regard to the facts and submissions, the Writ Petition is disposed of directing the Deputy Commissioner of Police, West Zone A.C. Guards, Hyderabad, the 4th respondent herein, to issue necessary instructions to the police officer concerned to do the needful in the matter and take suitable action as per law and as per the Presidential Guidelines of the Honourable Supreme Court in the afore-stated decision forthwith.

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

There shall be no order as to costs.

____________________________ M.SEETHARAMA MURTI, J 09th April, 2018 MD

THE HON'BLE SRI JUSTICE M.SEETHARAMA MURTI WRIT PETITION No.8364 OF 2018 April 09, 2018 MD