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High Court for State of TelanganaWP/37402/2014disposed of no costs

B.Venkateswara Reddy v. The State Of Andhra Pradesh, Rep.By Its Principal Secretary,

2015-08-11A V Sesha Sai2 pages

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

For the State of Telangana and the State of Andhra Pradesh W.P.NO:37402 of 2014 Between:

B.Venkateswara Reddy .. Petitioner(s) And The State of A.P. and others .. Respondent(s) DATE OF JUDGMENT PRONOUNCED: 11.8.2015 SUBMITTED FOR APPROVAL:

THE HON'BLE SRI JUSTICE A.V. SESHA SAI

1. Whether Reporters of Local news papers Yes/No may be allowed to see the Judgments?

2. Whether the copies of judgment may be Yes/No marked to Law Reporters/Journals

3. Whether Their Ladyship/Lordship wish to Yes/No see the fair copy of the Judgment?

THE HON'BLE SRI JUSTICE A.V.SESHA SAI W.P.No.37402 of 2014 O R D E R:

This writ petition is filed under Article 226 of the Constitution of India for the following relief - " For the reasons stated in the accompanying affidavit, it is prayed that this Hon'ble Court may be pleased issue a Writ, one in the nature of Writ of Mandamus or any other appropriate writ, direction or order, declaring the inaction of the respondents, not taking any action on the complaint dated 3.11.2014 given by the petitioner and even non registration of FIR/crime and not arresting them by the police as per the complaint is illegal, arbitrary, consequently direct the respondents to take immediate action on the complaints dated 3.11.2014 by registering FIR/crime and arresting whose names mentioned in the complaint and pass such other or further orders as this Hon'ble Court may deem fit and proper in the circumstances of the case."

The complaint in the present writ petition is inaction on the part of the respondents-

police in taking any action on complaint dated 3.11.2014 said to have been given by the petitioner herein.

Heard Sri G. Madhusudhan Reddy, learned counsel for the petitioner and the learned Government Pleader for Home.

A counter affidavit has been filed by the 2nd respondent-Sub-Inspector of Police, Duthaluru Police Station, SPSR Nellore District stating that on the complaint made by the petitioner herein on 1.11.2014 an entry was made in the General Diary on 1.11.2014 and after due enquiry the police was of the opinion that it was a matter of civil in nature and the petitioner herein was suggested to approach the appropriate court of law for redressal. In view of the averments in the counter, it is submitted by the learned counsel for the petitioner that the petitioner may be permitted to file a private complaint for redressal of his grievance. In view of the above, the writ petition is disposed of keeping it open for the petitioner to avail appropriate legal remedies available to him under the provisions of the Code of Civil Procedure. Miscellaneous applications, if any pending in the writ petition, shall stand closed. No costs.

_______________ A.V.SESHA SAI, J Date:11.8.2015 kk THE HONOURABLE SRI JUSTICE A.V.SESHA SAI W.P.No.37402 of 2014 11.8.2015