High Court for State of TelanganaWP/33018/2011dismissed no costs

Batchu Venkata Dhana Raju v. The State Of Andhra Pradesh, Rep.By Its Principal Secretary

2015-07-15Sanjay Kumar2 pages

THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.33018 of 2011 ORDER:

The grievance of the petitioners was that the police authorities did not register the complaint dated 24.10.2011 and were trying to dispossess them from the subject property at the instance of respondent Nos.4 and 5.

Basing on the written instructions dated 01.07.2015 received from the Sub-Inspector of Police, III Town Law and Order Police Station, Kakinada, the learned Assistant Government Pleader for Home informed this Court that upon the private complaint made by the 4th respondent before the learned IV Additional Judicial Magistrate of First Class, Kakinada, Crime No.78 of 2011 was registered against the petitioners herein and another under Sections 420, 424, 323 & 506 I.P.C., read with Section 34 I.P.C. A charge sheet was also laid in relation to the said crime vide C.C.No.442 of 2011 before the learned IV Additional Judicial Magistrate of First Class, Kakinada, and was pending trial. While so, the 1st petitioner lodged a private complaint before the learned IV Additional Judicial Magistrate of First Class, Kakinada, against respondent Nos.

4 and 5 herein and others whereupon Crime No.23 of 2012 was registered under Sections 380, 447, 448, 454 and 120-B I.P.C., read with Section 34 I.P.C., on the file of III Town Law and Order Police Station, Kakinada. However, upon investigation, the police authorities found that there was no case made out and accordingly filed a final report under Section 173 Cr.P.C., on 22.11.2012 before the competent criminal Court to the effect that the case was 'False'. Notice was also stated to have been served to the complainant to that effect.

Copies of the final report and the communication to the complainant are also placed on record. In the light of the aforestated facts, it is for the petitioners to take appropriate steps in accordance with law, if they are aggrieved by the

conclusion arrived at by the police authorities in relation to their complaint.

Reserving liberty to the petitioners to do so, the writ petition is dismissed.

Pending Miscellaneous Petitions, if any, shall also stand dismissed. No order as to costs.

____________________ SANJAY KUMAR, J Date:15.07.2015 GJ