National Collateral Management Services Limited, v. State Of Andhra Pradesh,

HONOURABLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.32570 OF 2018 ORDER :

This writ petition is filed challenging the action of the 2nd respondent in not registering Crime for the Cognizible Offence committed by respondent Nos.3 to 7 despite complaint submitted by the petitioner company on 29.05.2017 & 13.06.2018.

Learned Assistant Government Pleader for Home produced written instructions stating that the Sub Inspector of Police has orally suggested the petitioner to approach the concerned Court for redressal and also states that after receiving complaint on 19.09.2018, he forwarded the same to the Special Judicial Magistrate of First Class, Excise Court, Ongole, for permission as the subject matter is civil in nature. It is not known what is the procedure followed by the respondents for taking action on the complaint of the petitioner. At one stretch they say they advised the petitioner to approach the concerned Court and at another stretch they state that they forwarded the complaint of the petitioner to the Special Judicial Magistrate of First Class, Excise Court, Ongole, for permission.

The Apex Court while dealing with the cases for registration of crimes, laid down certain guidelines in Lalita Kumari v. Government of Uttar Pradesh (2014) 2 SCC 1. In view of the same, the writ petition is disposed of directing the 2nd respondent to take appropriate action on the complaint of petitioner by following the guidelines issued by the Apex Court in Lalita Kumari's case. No order as to costs.

As a sequel thereto, miscellaneous petitions, if any, pending in the writ petition, shall stand closed. _______________________________ A.RAJASHEKER REDDY, J 25.09.2018 t k.