Abdul Lateef v. The State Of Tg

THE HON'BLE SRI JUSTICE M.SEETHARAMA MURTI WRIT PETITION No.9734 of 2018 ORDER:

This writ petition, under Article 226 of the Constitution of India, is filed by the petitioner complaining that on the report, dated 30.12.2016, lodged by the petitioner with the Police Officer concerned, no action has been taken on the said report. In the writ petition, a consequential direction is sought to the 2nd respondent to register the crime and take necessary action. 2.

I have heard the submissions of Sri D.Rama Krishna, learned counsel appearing for the petitioner, and of the learned Government Pleader for Home (Telangana) appearing for the respondents 1 to 3. I have perused the material record. 3.

At the hearing, learned counsel for the petitioner would submit that if a direction is given to register the crime and take up investigation, the ends of justice would be met. 4.

Learned Government Pleader for Home, on written instructions, would submit that the report was lodged with the Superintendent of Police, Wanaparthy, and the same was forwarded to the Police Officer concerned, i.e., the Station House Officer, Wanaparthy Rural Police Station, Wanaparthy, and that on a preliminary enquiry, it is noticed that there is a dispute with regard to a plot and that the dispute is purely civil in nature and that a further detailed enquiry is in progress. He fairly submits that as on today, no crime has been registered.

MSRM, J W.P.No.9734 of 2018 5.

I have given earnest consideration to the facts and submissions.

6.

The scope and import of the statutory obligation of the police to register an F.I.R. on receipt of an application is no longer res integra. In a decision reported in Lalita Kumari Vs. Government of Uttar Pradesh1, the Supreme Court summarised the law and gave necessary guidelines.

7.

In the light of the settled legal position in the afore-stated decision, the Writ Petition is disposed of directing the Police Officer concerned to act in accordance with the guidelines in the aforestated decision of the Supreme Court and take suitable action in the matter expeditiously. 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: 3rd April, 2018 KL 1 (2014) 2 SCC 1

MSRM, J W.P.No.9734 of 2018 THE HON'BLE SRI JUSTICE M.SEETHARAMA MURTI WRIT PETITION No.9734 of 2018 Date: 3rd April, 2018 KL