Peddireddy Ramakrishnayya, v. The State Of Andhra Pradesh

THE HON'BLE SRI JUSTICE A.V. SESHA SAI WRIT PETITION No.25868 of 2015 ORDER:

This writ petition is filed under Article 226 of the Constitution of India seeking the following relief:

"to issue writ of Mandamus to declare that the inaction of the respondents 2 to 4 in not registering FIR in pursuance of the complaint, dt.5-8-2015 under Secs.448, 468, 384, 420 IPC and 506(2) IPC, issued by the petitioner and also in not granting any police protection for the personal liberty of the petitioner and his family members and also their properties is illegal, arbitrary, unconstitutional and violation of principles of natural justice and consequently direct the respondents 2 to 4 and their officials to give protection to the petitioner and his family members with regard to the petitioner personal liberty and also to safeguard the petitioner's properties owned by him situated in Somavarapupadu village, Denduluru Mandal, West Godavari district, pending disposal of the main writ petition." Heard Sri M. Suryanarayana, learned counsel for the petitioner and learned Government Pleader for Home for respondents, apart from perusing the material available before this Court.

Today, when the matter is called, written instructions, dated 26-08-2015 furnished by the Asst. Sub-Inspector of Police, Denduluru Police Station, West Godavari District have been placed on record by the learned Government Pleader for Home and the said instructions read as under:

"It is respectfully submitted that one Pedi Reddy Ramakrishnayya/the petitioner herein lodged complaint through register post with the SHO Denduluru police station against one Jami Sudhrakar/5th respondent and Chukka Kishore Kumar/6th respondent herein stating that they are fabricated and engineered fictitious litigations against the petitioner and his property. By taking his old aged advantage

they approached some anti social elements who are reference cited No.ii property. And they also made illegal attempts with malicious intention to grab the property of the petitioner's and abusing and tried to fabricated documents in respect of the property and also threatened with dire consequence, hence requested to take necessary action. After receiving the same, the respondent police called the petitioner on 21.08.2015 and took written complaint. Basing on the complaint a case in Cr. No. 137/2015 U/Sec. 447, 468, 506 r/w 34 IPC of Denduluru Police and the investigation officer took up the investigation. During the course of investigation the investigation officer visited the scene of offence and examined 3 witnesses and recorded their statements. And the investigation is going on."

On noticing the above said instructions, learned counsel for the petitioner has requested this Court to record the said instructions and dispose of the writ petition. In view of the above, the writ petition stands disposed of, by recording the written instructions, dated 26-08-2015 furnished by the Asst. Sub-Inspector of Police, Denduluru Police Station, West Godavari District.

Miscellaneous Petitions pending, if any, shall stand closed. There shall be no order as to costs.

___________________ A.V. SESHA SAI, J August 31, 2015 Pn THE HON'BLE SRI JUSTICE A.V. SESHA SAI

WRIT PETITION No.25868 of 2015 August 31, 2015 Pn