Vimal Kumar, v. The State Of Andhra Pradesh,
HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.39787 of 2016 ORDER:
1.
This writ petition is filed by the petitioner under Article 226 of the Constitution of India seeking a direction to the 3rd respondent to receive the complaint dated 24.1.2014.
2.
Heard and perused the material available on record. 3.
It is the case of the petitioner that the 4th respondent and another offered to sell their house property by informing that they have a civil dispute with regard to the said house and the said dispute was settled before Lok Adalat. Believing the words of the 4th respondent and another, the petitioner and another gave an advance of Rs.10 lakhs and they also complied with the terms of the agreement. Thereafter, in spite of repeated demands, the 4th respondent is evading registration of regular sale deed. On enquiry, the petitioner came to know that the civil disputes with regard to the house property have not been settled so far. Hence, the petitioner lodged a complaint before the 3rd respondent. But he refused to receive the same. The petitioner sent the complaint to respondents Nos.2 and 3 through registered post. But the 3rd respondent did not register any crime. 4.
Considering the circumstances of the case, without expressing any opinion on merits, the Writ Petition is disposed of with the following direction:
"Respondent No.3 is directed to receive the complaint of the petitioner and register FIR, if it discloses any cognizable offence and proceed in accordance with law. If the 3rd respondent fails to receive the complaint, the petitioner is at liberty to approach the
higher officials or to avail the remedies that are available under Cr.P.C."
There shall be no order as to costs. Miscellaneous petitions, if any, pending in this writ petition shall stand closed.
_________________ RAJA ELANGO, J Date: 18th November, 2016 Nn
HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.39787 of 2016 Date: 18th November, 2016 Nn