Mondithoka Rosaiah v. State Of Andhra Pradesh, Rep.By Its Principal Secretary,
THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.37375 of 2015 ORDER:
The grievance of the petitioner was as to the inaction of the respondents and more particularly the Sub-Divisional Police Officer, Darsi, Prakasam District, in conducting and completing the investigation in Crime No.87 of 2014 on the file of Santhamagulur Police Station, Prakasam District.
Written instructions dated 24.11.2015 were furnished by the Sub-Divisional Police Officer, Darsi, Prakasam District, to the office of the learned Government Pleader for Home, wherein he stated that Crime No.87 of 2014 had been registered under Section 324 I.P.C. read with Section 34 I.P.C. and Section 3(1)(ii)(x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, on the file of Santhamagulur Police Station upon the complaint made by the petitioner.
However, after due investigation, the police authorities found that no offence had been committed and stated that after obtaining permission from the Inspector General of Police, South Coastal Zone, Guntur Range, Guntur, and after serving notice upon the petitioner/complainant, a final report would be filed before the competent criminal Court referring the case as 'False'. Sri Sricharan Telaprolu, learned counsel for the petitioner, states that in the light of the written instructions furnished by the police authorities concerned, the writ petition may be closed leaving it open to his client to pursue his remedies in accordance with law. Taking on record the stand of the police authorities that they would file a final report under Section 173(2) Cr.P.C.
before the competent criminal Court referring the case as 'False', the writ petition is closed. However, it shall be open to the petitioner to take recourse to appropriate measures in accordance with law, if he is aggrieved by the conclusion arrived at by the police authorities.
closed. No order as to costs.
___________________________ SANJAY KUMAR, J Date:23.12.2015 GJ