Bingi Poshetty v. The Superintendent Of Police,

THE HON'BLE SRI JUSTICE S.V.BHATT WRIT PETITION No.3399 of 2013 ORDER:

Heard Mr Laxman Batchu, counsel for petitioner and Assistant Government Pleader (Home) for respondents. The petitioner prays for the following relief: "........writ of mandamus declaring the inaction on the part of respondents in not registering the case basing on the complaints dated 04.01.2013 and 03.01.2013 lodged by the petitioner and one Shaik Rafeeq who is a worker in the shop of the petitioner, as illegal, against the provisions of Criminal Procedure Code consequently, direct the respondents to register the case against the persons named in the complaints and to direct the 1st respondent to initiate appropriate disciplinary action against the 2nd respondent......."

The allegations made in support of the above prayer are stoutly denied by the 2nd respondent. Counter of 2nd respondent further states that the petitioner is involved in Crime No.16 of 2013 registered under Sections 448 and 307 r/w 34 IPC and the petitioner since was absconding, the enquiry into the representation of petitioner as well as crime could not be undertaken or completed.

It is denied that 2nd respondent is interfering in the civil dispute of petitioner and his land.

After perusing the counter affidavit, this Court is of the view that no case is made out for entertaining the writ petition. Hence, writ petition is dismissed. No order as to costs.

Miscellaneous petitions, if any, pending, shall stand closed.

________________ S. V. BHATT, J Dt: 08.11.2017 dv