Arepalli Sudhakar v. The State Of Andhra Pradesh

THE HON'BLE SRI JUSTICE M.SEETHARAMA MURTI WRIT PETITION No.11598 of 2018 ORDER:

In this Writ Petition, under Article 226 of the Constitution of India, the only grievance expressed by the writ petitioner is in respect of non-registration of a crime pursuant to the report, dated 19.03.2018, lodged by the petitioner before the Commissioner of Police, Vijayawada City, Krishna District/2nd respondent herein. 2.

I have heard the submissions of Sri Natha Tata Babu, learned counsel appearing for the petitioner, and of the learned Government Pleader for Home (A.P.) appearing for the respondents 1 to 4. I have perused the material record.

3.

Learned counsel for the petitioner, while reiterating the main submission, sought a direction to the respondents 2 to 4 to act, in accordance with procedure established by law, on the said report of the petitioner.

4.

Learned Government Pleader for Home, on written instructions, dated 11.04.2018, a copy of which is placed on record, would submit that a case in Crime No.133 of 2018 was registered, on 09.04.2018, against a constable, for the offences punishable under Sections 323 & 384 of Indian Penal Code, 1860, and investigation is taken up into the said crime. 5.

However, learned counsel for the petitioner, in reply, would submit that in the FIR, it is only stated in the relevant column that the suspect is one constable, but the name of the constable, which is one M.Venkateswar Rao, who is of Suryaraopet Police Station, is

MSRM, J W.P.No.11598 of 2018 not mentioned. He submits that the petitioner came to know the details of the said police constable after the writ petition has been filed and that the said police constable, who had earlier beaten the petitioner, appeared before the Legal Services Authority and, therefore, his identity is not in dispute.

6.

Having regard to the submissions, the Writ Petition is disposed of directing the Station House Officer, Suryaraopet Police Station, Vijayawada, Krishna District/4th respondent herein, to complete the investigation into the afore-stated crime, as expeditiously as possible, and file a final report, by strict adherence to the procedure established by law, however, after taking into consideration the representation, if any, given by the petitioner, during the course of the investigation. 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: 16th April, 2018 KL

MSRM, J W.P.No.11598 of 2018 THE HON'BLE SRI JUSTICE M.SEETHARAMA MURTI WRIT PETITION No.11598 of 2018 Date: 16th April, 2018 KL