D. Kishan Rao v. The State Of Telangana, Rep. By Its Principal Secretary,

THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.38598 of 2015 ORDER:

The grievance of the petitioner was that the Station House Officer, Rural Police Station, Mahabubnagar, was not taking any action upon his complaint dated 17.11.2015, whereby he made certain allegations against respondents 4 to 7 in relation to their alleged illegal trespass into his land. The Sub-Inspector of Police, Rural Police Station, Mahabubnagar, furnished written instructions dated 03.12.2015 to the office of the learned Government Pleader for Home, wherein he stated that the petitioner never made a complaint and no complaint dated 17.11.2015 had been received by the Rural Police Station, Mahabubnagar. He further stated that it is always open to the petitioner to approach the police authorities with a fresh complaint or with the complaint dated 17.11.2015 and necessary action would be taken thereupon. In the light of the afore-stated stand taken by the police authorities, Sri M. Damodar Reddy, learned counsel for the petitioner, stated that he would advise his client to make a fresh complaint or furnish the signed complaint dated 17.11.2015 again to the police authorities.

In that view of the matter, the writ petition is disposed of permitting the petitioner to file a fresh complaint or the signed complaint dated 17.11.2015 before the police authorities concerned. In the event such a complaint is made, the police are bound to take action in the matter in accordance with the law laid down by the Supreme Court in Lalita Kumari v. Government of Uttar Pradesh. Pending miscellaneous petitions, if any, shall stand closed in the light of this final order. No order as to costs.

____________________ JUSTICE SANJAY KUMAR 8th December, 2015 IBL