M.Kalpana W/O. Sambaiah v. The State Of Telangana

THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.2195 OF 2016

O R D E R

The grievance of the petitioner was as to the alleged inaction on the part of the police authorities in acting upon her complaints dated 02.01.2016, 03.01.2016 and 07.01.2016.

Written instructions dated 11.02.2016 were furnished by the SubInspector of Police, Venkatapuram Police Station, Khammam District, to the office of the learned Government Pleader for Home, wherein he admitted the receipt of the complaints made by the petitioner. According to him, an entry was made in the general diary and upon preliminary enquiry, it was found that no case was made out for registering a FIR. However, no indication was given as to the complainant, the petitioner herein, being informed of the same.

Section 157(2) Cr.P.C. mandates that the officer-in-charge of the police station shall notify to the informant in such manner as may be prescribed by the State Government, the fact that he would not investigate the case or cause it to be investigated. This is also the import of the Constitution Bench judgment in Lalita Kumari v. Government of Uttar Pradesh[1].

In that view of the matter, the writ petition is disposed of directing the Sub-Inspector of Police, Venkatapuram Police Station, Khammam District, to act in accordance with the afore-stated statutory provision and the binding case law.

Pending miscellaneous petitions, if any, shall stand closed in the light of this final order. No order as to costs. ______________________ SANJAY KUMAR, J 15th FEBURARY, 2016 PGS [1] (2014) 2 SCC 1