M.Pothu Raju v. The State Of Andhra Pradesh,

THE HONOURABLE MR JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.2564 of 2015

ORDER

Heard learned counsel for the petitioner, learned Government Pleader for Home and Mr.M.B.Thimma Reddy, learned Standing Counsel for third respondent.

2. Petitioner states that he had made a complaint against the 4th respondent with regard to misuse of power, corruption etc., before the 2nd respondent on 26.07.2014, but no further action is taken. Petitioner also filed a reminder complaint before the 2nd respondent on 22.12.2014. Petitioner also states that he has filed a private complaint before the II Additional Judicial First Class Magistrate, Eluru, wherein the learned Magistrate forwarded the said complaint for investigation and report and the said order was sent to the Eluru I Town Police Station and based on that, FIR No.148 of 2014 was registered on 12.07.2014.

3. Obviously therefore, the allegation of the petitioner that no action is initiated does not appear to be correct. In addition to that, Sri M.B.Thimma Reddy, learned Standing Counsel for 3rd respondent, submits that a similar complaint was received from another complainant by the ACB and a regular enquiry was conducted in the matter by the DSP, ACB, Eluru, and the final report was already submitted by the ACB to the Principal

Secretary to the Government, Home Department on 29.09.2014.

4. Hence, since the self same allegations are already enquired into by the 3rd respondent in a regular enquiry, further direction in this writ petition is not called for. As the 3rd respondent has already activated its machinery and is waiting for the orders to be passed by the 1st respondent, further course of action shall, therefore, depend upon the orders that will be passed by the 1st respondent. Hence, no further orders are necessary in this writ petition.

5. Accordingly, the Writ Petition is disposed of as unnecessary. There shall be no order as to costs. Miscellaneous petitions, if any, pending in this writ petition shall stand closed. _______________________ VILAS V. AFZULPURKAR, J 10th February, 2015 sj