K V Bhaskar Naidu v. State Of Andhra Pradesh

THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.8397 of 2016 ORDER:

The prayer of the petitioner in this case is as under: "For the reasons stated in the accompanying affidavit the petitioner prays that this Hon'ble Court may be pleased to issue a writ or direction more particularly in the nature of writ of mandamus declaring the action of the 1st respondent in not taking any action against the respondents 3 and 4 on the complaint made by the petitioner herein illegal, arbitrary, highhanded and cannot be justified in the eye of law and consequently direct the respondents to take action against the respondents 3 and 4 on the complaint of petitioner in the interest of justice and pass such other and further order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case."

Written instructions dated 18.03.2016 were furnished by the Assistant Sub-Inspector of Police, Pichatur Police Station, Chittoor District, to the office of the learned Government Pleader for Home, wherein he stated that no complaint had been received from the petitioner at all.

In the light of the afore-stated stand of the police authorities, Sri Ch. Srinivas, learned counsel for the petitioner, stated that his client may be permitted to make a fresh complaint.

In that view of the matter, the writ petition is disposed of permitting the petitioner to file a fresh complaint, if warranted, in accordance with law. In the event any such complaint is made, the respondent police authorities are bound to take action thereupon in accordance with the law laid down by the Supreme Court in Lilata Kumari v. Government of Uttar Pradesh[1].

Pending miscellaneous petitions, if any, shall stand closed in the light of this final order. No order as to costs. ____________________ JUSTICE SANJAY KUMAR Date:30.03.2016 PGS

[1] (2014) 2 SCC 1