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High Court for State of TelanganaWP/6517/2016dismissed no costs

Darapu Akka Rao v. The State Of Andhra Pradesh, Rep. By Its Principal

2016-02-29Sanjay Kumar2 pages

THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.6517 OF 2016

O R D E R

The prayer of the petitioner in this case is as under: 'This Hon'ble Court may be pleased to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the blue corner notice/look out notice issued in Crime No.250 of 2013, on the file of I Town Police Station, Bhimavaram, West Godavari District, is being illegal, arbitrary, violative of Articles 14, 21 and 300-A of Constitution of India besides violative of Principles of Natural Justice and consequently set aside the same, in the interest of justice, and pass such other order or orders may deem fit and proper in the circumstances of the case.'

The Sub-Inspector of Police, Bhimavaram I Town Police Station, West Godavari District, furnished written instructions dated 29.02.2016 to the office of the learned Government Pleader for Home, wherein he stated that the fifth respondent had lodged a complaint on 21.12.2013 with the Station House Officer, Bhimavaram I Town Police Station, against her husband and in-laws. Thereupon, Crime No.250 of 2013 was registered under Section 498A IPC read with Section 34 IPC and the provisions of the Dowry Prohibition Act, 1961. The petitioner is none other than the father-in-law of the complainant and was arrayed as an accused in the offence.

As regards the alleged blue corner notice/look out notice adverted to by the petitioner, the Sub-Inspector stated that proposals were sent to the Superintendent of Police, West Godavari District, on 26.05.2014 seeking issuance of such a notice/circular against accused No.1, the husband of the complainant, but as on date, the proposals are still pending.

In the light of the afore-stated stand of the police authorities, it is clear that no cause of action has crystallized as regards the blue corner

notice/look out notice against the petitioner's son. The writ petition is therefore premature and is accordingly dismissed. It shall be open to the petitioner to take recourse to appropriate remedies in accordance with law as and when cause of action actually crystallizes. Pending miscellaneous petitions shall also stand dismissed in the light of this final order. No order as to costs. ______________________ SANJAY KUMAR, J 29th FEBRUARY, 2016 Note: Issue C.C. by tomorrow.

(B/O) PGS