S. Sarvar, v. The State Of Andhra Pradesh,Rep., By Its Principal Secretary
THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.7406 of 2016 ORDER:
The prayer of the petitioner in this case is as under: "For the reasons stated in the accompanying affidavit, the petitioner herein prayed that, this Hon'ble Court may be pleased to issue a Writ, Order or Direction, preferably one in the nature of Writ of Mandamus, declaring the action of the respondent No.2 in not taking any action against the 4th respondent in spite of the complaint dated 22.02.2016 made by the petitioner as illegal, arbitrary, and violative of Articles 14 and 21 of the Constitution of India and consequently to direct the Respondent No.2 to take action on the complaint dated 22.02.2016 made by the petitioner against the 4th respondent and to pass such other and further order or orders as this Hon'ble court may deem fit and proper in the circumstances of the case."
The Sub-Inspector of Police, Palamaner Police Station, Chittoor District, furnished written instructions dated 15.03.2016 to the office of the learned Government Pleader for Home, wherein he stated that no complaint was received from the petitioner in Palamaner Police Station. He further stated that as and when the petitioner makes a complaint, action would be taken thereupon.
In the light of the stand taken by the police authorities, Ms. N. Sameena, learned counsel for the petitioner, fairly stated that her client would approach the police authorities again. The writ petition is accordingly disposed of permitting the petitioner to file a fresh complaint or the original of the earlier complaint. Needless to state, in the event any such complaint is made, the police authorities are bound to take action in accordance with the law laid down by the Supreme Court in Lalita Kumari v. Government of Uttar Pradesh[1].
Pending miscellaneous petitions, if any, shall stand closed in
the light of this final order. No order as to costs. ____________________ JUSTICE SANJAY KUMAR 22nd March, 2016 PGS [1] (2014) 2 SCC 1