Shaik Mohammed Ghouse v. The State Of Andhra Pradesh

THE HONOURABLE SRI JUSTICE A.V.SESHA SAI WRIT PETITION No.36341 of 2018 ORDER:

When the matter is taken up, written instructions dated 08.10.2018 furnished by the Sub-Inspector of Police, Ponnur Town Police Station, Guntur Rural District are placed on record by the learned Government Pleader for Home.

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

"The Station House Officer, Ponnur Town P.S. directed the Head Constable. It is submitted that the Writ Petitioner submitted a complaint through Registered Post on 21.08.2018 which was received on 27.08.2018 to the Station House Officer, Poonur Town P.S. Guntur District. On receipt of the complaint received from the Writ Petitioner, the Station House Officer, Poonur made GD entry on 27.08.2018 itself. The Station House Officer gone through the contents of the complaint submitted through post by the Writ Petitioner and found that the contents are clearly attracts civil in nature. No. 1762 to serve the notice dated 28.08.2018 to the Writ Petitioner to the address given in the complaint. The Head Constable returned to the P.S. and submitted a report that the Writ Petitioner is not available in the address given in the complaint.

Again the Station House Officer, Ponnur Town P.S directed the ASI 108 to serve the notice on 05.09.2018 to serve the notice to the Writ Petitioner to the address given in the complaint. The ASI also returned to the PS and submitted a report that the Writ Petitioner is not residing in the address given in the complaint.

It is submitted that the Station House Officer, Ponnur Town P.S. issued notice to the Writ Petitioner through Registered Post to the addresses given in the Complaint that the matter is purely in civil in nature and advised to approach the Civil Court for redressal. (Copy of the notice and Registered Post receipt dated 08.10.2018 are enclosed herewith for kind perusal)."

On noticing the above instructions, a request is made by the learned counsel for the petitioner to place the said instructions on record and dispose of the writ petition.

Accordingly, the writ petition is disposed of by placing on record the written instructions dated 08.10.2018 furnished by the Sub-Inspector of Police, Ponnur Town Police Station, Guntur Rural District, leaving it open to the petitioner herein to avail alternative remedies available under 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 :25.10.2018 dv