Dasari Jaya Srinivas v. The Station House Officer

THE HONOURABLE SRI JUSTICE A.V.SESHA SAI WRIT PETITION No.33467 of 2018 ORDER:

When the matter is taken up, written instructions dated 03.10.2018 furnished by the Inspector of Police, Hanuman Junction Circle, Krishna District are placed on record by the learned Government Pleader for Home.

To the extent of their relevancy to the present writ petition, the said instructions read as under:

"It is submitted that the respondent No.1, Station House Officer, Veeravalli Police Station, Krishna District had received the petitioner's complaint through registered post, wherein he stated that he purchased the land from the 4th respondent under Sy.Nos.165/6.

165/7 and 165/8 admeasuring Ac.5.47 cents, situated at Thippanagunta Village, Bapulapadu Mandal, Krishna District and paid the sale consideration to the 4th respondent and got the document registered on 15.4.2013 in the name of the petitioner's daughter D.Likitha. The 4th respondent asked the petitioner to sell the said land to him, but the petitioner refused the same. The petitioner further stated that he filed W.P.No.25861/2018 before the Hon'ble High Court.

It is submitted that after sending the complaint through registered post, the petitioner did not approach the respondent No.1 for the purpose of enquiry. Thereon the respondent No.1 tried to secure the presence of the petitioner at the given address, but at that time he was not available. The respondent No.1 had conducted preliminary enquiry.

Whenever the petitioner approaches the respondent No.1 along with relevant documents, necessary action will be taken on his complaint as per law. In this regard the same was entered into the General Diary and also informed the same to the petitioner through registered post on 04.10.2018. It is further submitted that earlier on the complaint of the 4th respondent with regard to the subject matter of this writ petition, a case was registered in Cr.No.164/2018 dated 26.07.2018 for the offences U/s.420, 406, 327, 386 r/w 34

IPC against the petitioner/A2 and others on the file of Veeravalli Police Station and the investigation is under progress. The petitioner A-2 instead of cooperating with the investigating agency in FIR No.164/2018 filed the present Writ Petition to divert the attention and to escape from the criminal liabilities of the criminal case.

It is submitted that the contention of the petitioner that the respondent No.1 did not take action on his complaint is incorrect and baseless. The petitioner instead of approaching the respondent No.1 along with relevant documents, filed the present Writ Petition with baseless allegations." On noticing the above instructions, it is submitted by the learned counsel for the petitioner that petitioner herein will cooperate with the police for investigation and requests the Court to direct the respondent police authority to take further action on the complaint made by the petitioner.

Having regard to the above instructions and keeping in view the submission of the counsel for the petitioner, writ petition is disposed of directing the petitioner herein to cooperate with the police authority to enquire into the complaint made by the petitioner herein and it is open for the respondents to proceed further in accordance with law. There shall be no order as to costs.

Miscellaneous Petitions pending consideration, if any, in this Writ Petition shall stand closed.

_________________________ JUSTICE A.V.SESHA SAI Date :22.10.2018 dv