Silaparasetty Kanakamahalakshmi v. The State Of Andhra Pradesh
THE HON'BLE SRI JUSTICE A.RAJASHEKER REDDY W.P.NO.22721 OF 2018
O R D E R
Aggrieved by the action of the 3rd respondent - Station House Officer / Sub Inspector of Police, Pendurthi Police Station, Visakhapatnam City, in not registering the complaint made by the petitioner on 13.05.2016, the present writ petition is filed.
Learned Assistant Government Pleader for Home produced written instructions of the 3rd respondent stating that one Peela Ramanamma w/o late Trinadha Rao, filed a complaint and based on which, case in Cr.No.226 of 2016 dated 12.05.2016 under Sections 447, 354, 323, 509 506 read with 34 IPC, was registered on the file of 3rd respondent police station against petitioner and others. Similarly in pursuance of the complaint of the brother of the petitioner viz.,Vegi Srinu, who is A-1 in Cr.No.226/2016, case in Crime No.227 of 2016 dated 12.05.2016, under Sections 447, 379, 323 IPC was registered Peela Ramanamma, the complainant in Cr.No.226 of 2016, on the file of 3rd respondent - Police Station. On receipt of the complaint dated 13.05.
2016, filed the petitioner herein, entry in General Diary was made and on enquiry, it is found that the nature of allegations in Crl.No.227 of 2016 and in the complaint of the petitioner dated 13.05.2016, are one and the same and, therefore, the complaint of the petitioner was closed on 08.08.2017. Further, denying the allegations of the petitioner, the writ petition is sought to be dismissed. Learned counsel for the petitioner submits that the allegations in the complaint of the petitioner dated 13.05.2015, are not similar to the allegations in Cr.No.227 of 2016.
Having regard to the submissions of the learned counsel for the petitioner and the learned Assistant Government Pleader for Home, writ petition is disposed of directing the 3rd respondent to follow the guidelines laid down by
Apex Court in LALITA KUMARI v. GOVERNMENT OF UTTAR PRADESH1 and taking appropriate action in accordance with law on the complaint of the petitioner dated 13.05.2016.
Miscellaneous petitions pending, if any, shall stand closed. No costs. -------------------------------------------------- A.RAJASHEKER REDDY,J DATE:16-07-2018 AVS 1 (2014)2 SCC 1