Maddukuri Hanumantha Rao, v. The Superintendent Of Police,

THE HON'BLE SRI JUSTICE SANJAY KUMAR W.P.No.34351 of 2012

ORDER

The grievance of the petitioner in this case was that the police authorities were not filing a charge sheet against respondents 5 to 8 in relation to Cr.No.254 of 2009 on the file of Nandigama Police Station, Krishna District.

2. Relying on the written instructions dated 14.11.2012 received from the Station House Officer, Nandigama Police Station, Krishna District, the learned Assistant Government Pleader for Home stated that Cr.No.254 of 2009 was registered under Sections 420, 468, 471 and 506 IPC read with Section 34 IPC on the file of Nandigama Police Station, Krishna District. However, upon due investigation, the Sub-Divisional Police Officer, Nandigama, accorded permission to file a final report to the effect that the case was of civil nature. This permission was said to have been issued under proceedings C.No.36/RFR/SDONDG/2011 dated 31.01.2011. Copy of the said proceedings is placed on record along with the final report dated 26.11.2012. This final report was filed before the competent criminal Court by the Sub-Inspector of Police, Nandigama Police Station, referring the case as one of a civil nature. A copy of the intimation to the petitioner in Form-70 dated 17.11.2012 is also filed.

3. Sri M. Srinivasa Rao, learned counsel for the petitioner, would however contend that his client has not been informed of the filing of the final report. In any event, it is for the petitioner, even at this stage, to take appropriate measurers in accordance with law, if he is aggrieved by the final conclusion arrived at by the police

authorities. This Writ Petition is therefore disposed of leaving it open to the petitioner to take recourse to appropriate remedies available in law in this regard.

Pending miscellaneous petitions shall stand closed. No order as to costs.

__________________ SANJAY KUMAR, J 20th July, 2015 sj