Thambireddy Bhaskar Reddy, v. Prl.Secy., Home Dept., State Of A.P.,
THE HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITON No.22362 of 2018 ORDER:
This writ petition is filed under Article 226 of the Constitution of India to declare the action of the respondentpolice in not taking any action against the 5th respondent pursuant to the complaint, dated 16.05.2018 as illegal and arbitrary and consequently direct the respondent-police to act upon the complaint and take action against the 5th respondent.
2. Heard learned counsel for the petitioner, learned Assistant Government Pleader for Home and perused the record.
3. Learned Assistant Government Pleader for Home produced written instructions stating that the petitioner sent a complaint, dated 16.05.2018 through Registered Post. The Sub Divisional Police Officer, Gudur, received the complaint and forwarded the same to the Station House Officer, Kota Police Station, vide C.No.111GLPetiton/SDOG/18, dated 17.05.2018 for taking action. On receipt of the same, the S.H.O. of Kota P.S. verified the contents of the complaint, which clearly discloses that the petitioner again and again sending the same complaint. The Station House Officer, Kota Police Station reported the matter to the Sub Divisional Police Officer on 02.07.2018 that it is of civil nature and advised the petitioner to approach the civil Court. It is also stated that the petitioner filed complaint, dated 13.12.2016 and also filed W.P.No.
1811 of 2017. Basing on the complaint, a case in Cr.No.7 of 2017 was registered for the offences punishable under Sections 420 and 506 IPC and issued F.I.R. After completion of investigation, the same was referred as false by the Sub Divisional Police Officer, Gudur.
The same is disputed by the learned counsel for the petitioner.
4. In view of the same, the respondents are directed to take action on the complaint of petitioner in terms of the guidelines laid down by the Supreme Court in Lalita Kumari v. Government of Uttar Pradesh (2014) 2 SCC 1, if not already followed.
5. With the above direction, the writ petition is disposed of. No order as to costs. Miscellaneous petitions, if any pending in this writ petition shall stand closed. _________________________ A.RAJASHEKER REDDY,J DATED: 09-07-2018 Hsd