T D Prameelamma v. The State Of Andhra Pradesh

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITON No.15963 of 2018 ORDER:

The case of the petitioner is that police authorities have not registered on the complaint dated 10-07-2017 given by the petitioner.

Learned Assistant Government Pleader for Home produced written instructions stating that the police have enquired into the matter and found that it is civil in nature, but the same is disputed by learned counsel for the petitioner.

It is stated by learned counsel for the petitioner that in similar circumstances, this Court disposed of W.P.No.1737 of 2016 following the guidelines laid down in the judgment of Apex Court in Lalitha Kumari v. Government of Uttar Pradesh1 with a direction to the police authorities to follow the due procedure under law and also observed as under:

"In the light of the afore-stated settled legal position, it is not open to the police authorities to deviate therefrom or show any tardiness in taking appropriate necessary action after receiving a complaint alleging a cognizable criminal offence. In the event the offence alleged is a non-cognizable one, the police authorities are bound to follow the due procedure laid down in Section 155 Cr.P.C. In any event, the police authorities must take suitable action in the matter expeditiously."

Accordingly, the writ petition is disposed of directing the respondent-police to consider the complaint of the petitioner dated 10-07-2017 and take action in terms of orders of this Court in W.P.No.1737 of 2016, dated 22-01-2016.

1 (2014)2 SCC1

As a sequel to the disposal of this petition, miscellaneous petitions, if any, pending shall stand closed.

_________________________ A.RAJASHEKER REDDY,J 18-06-2018 Nvl