Thota Dileep v. Honble Principal District Judge-Cum-Chairman

The Hon'ble Sri Justice C.V.Nagarjuna Reddy and The Hon'ble Sri Justice Gudiseva Shyam Prasad W.P.No.23332 of 2018 Date: 12.07.2018 Between:

Thota Dileep and 3 others ... Petitioners and Hon'ble Principal District Judge -cumChairman, District Legal Services Authority, Ranga Reddy District and 5 others

...Respondents

Counsel for the Petitioners:

Mrs.Thota Suneetha Counsel for respondent Nos.1 & 2:

Mr.J.Anil Kumar, SC for Legal Services Authority The Court made the following:

CVNR, J & GSP, J WP.No.23332 of 2018 Dt: 12.07.2018 Order: (Per the Hon'ble Sri Justice C.V.Nagarjuna Reddy) This Writ Petition is filed for issue of Certiorari to quash the proceedings in F.W.C.No.189 of 2018 on the file of the District Legal Services Authority, Ranga Reddy District at L.B.Nagar. The grievance of the petitioners in this Writ Petition is that respondent No.6- Family Welfare Committee is acting with bias without furnishing relevant copies of the documents including the FIR and threatening them with serious adverse consequences. In our opinion, the petitioners did not lay proper foundation for their case inasmuch as though they were represented by a Counsel, who incidentally is the Counsel appearing in this Writ Petition, no written requests have been made before respondent No.6.

In the absence of such a request, the ipse dixit of the petitioners cannot be countenanced. However, respondent No.6 having been constituted in pursuance of the judgment of the Apex Court in Rajesh Sharma and others Vs. State of U.P. and others1, with the laudable object of safeguarding the interests of the persons against whom complaint under Section 498-A is registered, it has to act in a fair manner. The learned Counsel for the petitioners is, therefore, permitted to approach respondent No.6 with an application in writing seeking supply of the relevant documents.

CVNR, J & GSP, J WP.No.23332 of 2018 Dt: 12.07.2018 only after furnishing the relevant documents and hearing the parties that respondent No.6 shall send a report to the Police Station concerned.

Subject to the above direction, the Writ Petition is disposed of. As a sequel to dismissal of the Writ Petition, IA.No.1 of 2018 filed by the petitioners for interim relief, is disposed of as infructuous.

______________________ (C.V.Nagarjuna Reddy, J) _______________________ (Gudiseva Shyam Prasad, J) Dt: 12th July, 2018 lur