Dheeravath Saida Naik, v. The State Of Telangana

THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.5209 of 2016 ORDER:

The prayer of the petitioner in this case is as under: "For the reasons stated above it is prayed that this Hon'ble Court may be pleased to issue a Writ or order or direction more particularly in the nature of Writ of Mandamus declaring the action of the respondents in not considering petitioner representation dated 15.02.2016 as FIR is illegal, arbitrary, unjust and violation of principles of natural justice and violation of Article 21 Constitution of India and consequently direct the respondents to register the petitioner complaint dated 15.02.2016 as FIR by taking action according to law and to pass such orders as it may deem fit and just."

The Inspector of Police, II Town Police Station, Miryalaguda, Nalgonda District, furnished written instructions dated 01.03.2016 to the office of the learned Government Pleader for Home, wherein he stated that upon verification of the records, he found that no representation dated 15.02.2016 had been received from the petitioner.

In the light of the afore-stated averment, Sri Venkateswerllu Kesamsetty, learned counsel for the petitioner, fairly stated that liberty may be given to his client to make a fresh complaint in accordance with law.

The writ petition is accordingly disposed of leaving it open to the petitioner to make a fresh complaint in writing to the police authorities concerned. Needless to state, in the event any such complaint is made, the police authorities are bound to take action upon it in accordance with the law laid down by the Supreme Court in LALITA KUMARI V/s. 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 Date:09.03.2016 GJ [1] (2014) 2 SCC 1