Smt.R.Sunita, v. The Station House Officer
THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No. 20648 OF 2017 O R D E R:
This writ petition is filed seeking to declare the action of the respondent No.1-Station House Officer, Rachakonda Police Station, Chowtuppal Mandal, in not registering the First Information Report in pursuance of the petitioner's complaint dated 26.05.2017 as illegal, arbitrary and unconstitutional.
When the matter is taken up for hearing, the learned Government Pleader for Home (T.S.) had placed on record the written instructions, which reads as follows: "It is submitted that the petitioner has given a complaint dated 26.5.2017 to the commissioner of Police, Rachakonda Commissionerate. The same was entered in the Central Complaint Cell vide Sl.No.133/4C/RKD/2017. The said complaint was forwarded to the A.C.P. Choutuppal for enquiry and report.
In the complaint, it is stated that the petitioner married R. Anand on 28.05.2015 and she has begotten a boy on 19.3.2016. Since her marriage, her brother-in-law M. Prabhakar is harassing her and her husband. The said Prabhakar also became a hurdle for her not tot visit her parents house since her marriage. Her father died about 10 years back. The said Prabhakar showing his upper hand in the family of her parents and keeping all under his control. He is not allowing her and her husband to visit her parents place. In July, 2016 when she wanted to visit her mother's house, Prabhakar beat her and forcibly removed her from her mother's house. When she wanted to convey her mother, regarding birth of child, he did not allow her to send the message from her phone. He also threatened that he will not allow her mother to see her and her child. After discharge from the hospital, she went to see her mother at her house, there he got locked the house of her mother and kept her mother in his house. The said Prabhakar also sending abusive messages to her phone and he is also giving
threatening calls to kill her. The said Prabhakar is harassing her and her family members since her marriage both mentally and physically.
It is submitted that, the ACP, Choutuppal took up enquiry in the above complaint. The ACP, Choutuppal caused discrete enquiries regarding the allegations made in the petitioner's complaint. The enquiries disproved the allegations made by the petitioner. The CP, Choutuppal also enquired with the petitioner. When the petitioner was asked to show the abusive messages received by her on her mobile phone from Prabhakar, she failed to show the same. The enquiry further revealed that the petitioner along with her husband and in-laws staying in Pedda Amberpet Area, while Prabhakar is staying in Kukatpally area. There are no contacts between them for the past more than 1 year. The allegations made by the petitioner in her complaint are all proved to be false.
It is submitted that after enquiry, the same was informed to the petitioner through notice date 2.6.2017. In view of the above mentioned facts, it is submitted that it is not correct to contend that the police have not taken any action on the petitioner's complaint. It is submitted that there are no merits in the above writ petition and it is liable to be dismissed."
Recording the above said instructions, the Writ Petition is closed. However, leaving it open to the petitioner to work out the remedies available, if any, in law. No costs. Consequently, the Miscellaneous Applications pending, if any, shall also stand closed.
____________________________ CHALLA KODANDA RAM, J Date:21.08.2017 Ssv