D. Govind Naik v. The State Of Andhra Pradesh, Rep., By Its Principal

THE HON'BLE SRI JUSTICE A.V.SESHA SAI W.P.No.7398 of 2015 ORDER:

This writ petition is filed under Article 226 of the Constitution of India seeking following relief:- " .... to issue an appropriate writ or order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents herein particularly the respondent Nos.3 and 4 in not taking any action and also not conducting the investigation upon the complaint submitted by the petitioner, dated 24.11.2013 as illegal, arbitrary, erroneous and consequently direct the respondent Nos.3 and 4 herein to take necessary action against the accused and conduct the proper investigation and pass such other order or orders as this Hon'ble Court may deem fit and proper under the circumstances of the case."

When the matter is called today, learned Government Pleader for Home has produced written instructions, dated 15-04-2015, furnished by the Deputy Superintendent of Police, Kurnool. Last paragraph of the said instructions reads as under:- "In this case, no prima facie established to prove the guilt of accused A1 & A2. I also obtained legal opinion of Spl PP, SC/ST Court, Kurnool in which he advised to file final report referring the case as False. On 15-04-2015 I have served RCS Notice to the complainant/petitioner by informing the case as False and I submitted the final report to the Hon'ble Court of JFCM, Kurnool, to treat the case as "False". Hence the allegation made by the petitioner against the respondent police does not arise. Hence denied."

In view of the above reasons, this writ petition is closed. No order as to costs. Miscellaneous petitions pending, if any, shall stand closed. ________________ A.V.SESHA SAI, J Date: 21.04.2015 Prv

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

W.P.No.7398 of 2015 21.04.2014