B.Venkateswara Reddy v. The State Of Andhra Pradesh,

THE HON'BLE SRI JUSTICE M.SEETHARAMA MURTI WRIT PETITION No.9457 of 2018 ORDER:

This Writ Petition, under Article 226 of the Constitution of India, is filed by the petitioner seeking the following relief: "For the reasons stated in the accompanying affidavit, it is prayed that this Hon'ble Court may be pleased to issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, to declare the inaction of the 2nd respondent in taking appropriate action pursuant to the representation dt. 5-3-2018, as being illegal, arbitrary and unjust and consequently direct the 2nd respondent to give directions to the 3rd respondent to take action on the complaint dt. 26-2-2018 as per Law, and to grant such other relief or reliefs as this Hon'ble Court deems fit and proper in the circumstances of the case." (Reproduced verbatim) 2.

I have heard the submissions of Sri C.Hanumantha Rayudu, learned counsel appearing for the petitioner, and of the learned Government Pleader for Home (A.P.) appearing for the respondents 1 to 3. I have perused the material record.

3.

Learned counsel for the petitioner submits that there were financial transactions between the petitioner and the 4th respondent and that whatever amounts due and payable were fully paid by the petitioner to the 4th respondent and that no further amounts are payable by the petitioner and that the 4th respondent has to avail appropriate legal remedies by initiating appropriate legal proceedings, in the event any further amounts are due to him, but without doing so, he is resorting to illegal methods of extending threats to the petitioner and that unable to bear the threats being given by the 4th respondent, the petitioner filed P.L.C.No.54 of 2018 before the District Legal Services Authority, Kurnool, and the

MSRM, J W.P.No.9457 of 2018 petitioner also gave a report to the police and that after obtaining necessary permission from the Court of the learned Magistrate, a case in Crime No.57 of 2018 was registered by the Station House Officer, Kurnool II Town Police Station, Kurnool, for the offence punishable under Section 506 of the Indian Penal Code, on 20.02.2018, and that despite such legal proceedings pending before the authorities concerned, yet the 4th respondent is blackmailing and threatening the petitioner with dire consequences and, therefore, the writ petition is filed requesting to direct the 3rd respondent to take appropriate action in the matter.

4.

Learned Government Pleader, on instructions, would submit that after obtaining necessary permission from the Court of the learned Magistrate, a crime has been registered and investigation is in progress and it is at an initial stage and that the crime is recently registered and that the petitioner has to patiently wait for the outcome of the investigation.

5.

Having regard to the facts and submissions, the Writ Petition is disposed of directing the 3rd respondent to expedite the investigation into the crime and file a final report, however, by following the procedure established by law. There shall be no order as to costs.

Pending miscellaneous petitions, if any, shall stand closed in the light of this final order.

______________________________ M.SEETHARAMA MURTI, J Date: 22nd March, 2018 KL

MSRM, J W.P.No.9457 of 2018 THE HON'BLE SRI JUSTICE M.SEETHARAMA MURTI WRIT PETITION No.9457 of 2018 Date: 22nd March, 2018 KL