V. Lakshmamma v. The State Of Telangana, Rep. By Its Principal Secretary,
IN THE HIGH COURT OF JUDICATURE AT HYDERABAD
FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH TUESDAY THE TWENTYFIFTH DAY OF AUGUST TWO THOUSAND AND FIFTEEEN PRESENT HONOURABLE SRI JUSTICE A.V. SESHA SAI WRIT PETITION NO. 24990 OF 2015 Between:
V.Lakshmamma & Anr. ... Petitioner Vs.
The State of Telangana, Represented by its Prl.Secretary, Home Department, Secretariat, Hyderabad & Ors. ... Respondents Counsel for the Petitioners: Sri V. Raghunath Counsel for the Respondents: GP for Home [TG] The Court made the following: [order follows] HONOURABLE SRI JUSTICE A.V. SESHA SAI WRIT PETITION NO. 24990 OF 2015
O R D E R :
This writ petition is filed under Article 226 of the Constitution of India for the following relief : "To declare the inaction of the respondent police in not registering the crime based upon the complaint dated 29/07/2015 filed by the petitioners and investigate the same under the SC and ST POA Act and other appropriate section of law as illegal, arbitrary, against the law and gross violation of Article 14, 21 of the Constitution of India and consequently to direct the respondents to register the crime as per the complaint dated 29/7/2015 and investigate the same and to pass such other suitable orders as this court deems fit and proper in the circumstances of the case."
2. When the matter is called, written instructions dated 13/8/2015 furnished by the Sub-Inspector of Police, Pahadisharif Police Station, Cyberabad Commissionerate have been placed by the learned Government Pleader for Home [TG].
3. The written instruction, read as under:
"on receipt of the communication about the filing of the writ petition by the petitioner, this respondent has thoroughly verified the records of this respondent police station including Station General Diary as to whether any complaint dated 29/7/2015 has been received. No complaint has been received either from the petitioner or through proper channel to this respondent police station for
taking any action on it.
It may be true that the petitioner sent the petition dated 29/7/2015 to the Commissioner of Police, Cyberabad, but as of now, no endorsement was received to this respondent Police Station through proper channel and hence no action was taken till date.
It is always open for the petitioner to approach this respondent police station to lodge any fresh complaint or the complaint dated 29/7/2015 certainly, this respondent will take action after conducting enquiry into the matter.
I assure to this Hon'ble court in the meanwhile, if any, endorsement is received from the Office of the Commissioner of Police, certainly, this respondent will take action on the complaint dated 29/7/2015 of the petitioner and the action taken will be communicated to the petitioner.
This respondent shall abide by the directions , if any, passed by this Hon'ble court."
4. On noticing the same, the learned counsel for the petitioners has requested this court to dispose of the writ petition by recording the said written instruction.
5. In view of the above, the writ petition is disposed of by recording the reasons mentioned in the written instruction, dated 13/8/2015.
6. As a sequel, miscellaneous petitions if any, pending in
this writ petition shall stand closed.
_____________________ JUSTICE A.V.SESHA SAI 25/08/2015 I s L HONOURABLE SRI JUSTICE A.V. SESHA SAI
WRIT PETITION NO. 24990 OF 2015 Date:25/08/2015 Circulation No.
Court Master: I s L