Muddada Krishna Rao v. The Sho.

THE HON'BLE SRI JUSTICE A.V. SESHA SAI WRIT PETITION No.8421 of 2012 ORDER:

This writ petition is filed under Article 226 of the Constitution of India seeking the following relief:

"to issue writ of Mandamus to declare the action of the 1st respondent in registering the FIR No.24 of 2012 dated 26-02-2012 of Amadalavalasa P.S. of Srikakulam District as it illegal, malicious, frivolous, oppressive, arbitrary, and contrary to all cannons of law and also offends Arts. 14 & 21 of Constitution of India and consequently set aside the FIR No.24 of 2012 dated 26-02-2012 of Amadalavalasa P.S. of Srikakulam District."

Heard Sri Tarlada Rajasekhar Rao, learned counsel for the petitioners and learned Government Pleader for Home for respondents, apart from perusing the material available before this Court.

An additional counter-affidavit deposed by the 2nd respondent is filed and paragraph No.14 of the said additional counter-affidavit reads as under: "It is respectfully submitted that as stated supra as per the evidence and statements of the witnesses it clearly established that the complainant lodged false complaint against the accused persons and this respondent taking steps to file the final report as "FALSE" before the concerned Hon'ble Court as expeditiously as possible." While referring to the above paragraph it is requested by the learned counsel for the petitioners to dispose of the writ petition in view of the averments made in paragraph No.14 of the additional counter-affidavit. In view of the above submission, the writ petition stands disposed of, by taking into consideration the averments made in paragraph No.14 of the additional counter-affidavit.

Pending miscellaneous petitions, if any, shall stand closed in the light of this final order. There shall be no order as to costs. ___________________ A.V. SESHA SAI, J November 13, 2015 Pn THE HON'BLE SRI JUSTICE A.V. SESHA SAI

WRIT PETITION No.8421 of 2012 November 13, 2015 Pn