Doddi Srinivasa Rao, S/O. Appa Rao, v. The Superintendent Of Police, Visakhapatnam,
THE HON'BLE SRI JUSTICE S.V.BHATT W.P.NO.13616 OF 2013
O R D E R
Heard Mr. P.Bhakthavatsal learned counsel for the petitioner and the learned Assistant Government Pleader for Home for respondents. The petitioner complaints inaction of 2nd respondent in investigating the crime registered in FIR.No.15 of 2013 on the file of Police Station, Rolugunta, Visakhapatnam, as illegal and arbitrary. The Assistant Government Pleader for Home, referring to the written instructions dated 9.5.2013, submits that the complaint was investigated and the 2nd respondent is of the prima facie view that FIR suffers from mistake of fact and no crime is detected for proceeding further in the matter. On 23.4.2013, the 2nd respondent addressed letter to Assistant Superintendent of Police, Narsipatnam for according permission to file final report on the lines referred to above.
The Assistant Government Pleader is unable to inform this court whether such a permission was received, if so, whether before filing the final report, notice was served on the petitioner or not. Writ petition was filed in the year 2013. To meet the ends of justice, I am satisfied that the writ petition can be disposed as under:
1. The 2nd respondent shall serve notice / final report on the petitioner within eight weeks from today, if not already served.
2. Petitioner, on receipt of notice / final report, is given liberty to work out the grievances complained in the complaint dated 4.4.2013, in accordance with law.
Writ petition is disposed of as indicated above. No order as to costs. Miscellaneous petitions pending if any, shall stand closed. ------------------------------------------- S.V.BHATT,J DATE:25-04-2017 AVS