Writ petition sought direction to police to investigate Crime No.103 of 2014 and file final report. Police stated investigation found the complaint false and permission to refer case as false was awaited. Court directed police to file the false-report petition before the jurisdictional court and serve a copy on the petitioner.
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IN THE HIGH COURT OF ANDHRA PRADESH AMARAVATI
(Special Original Jurisdiction)
WEDNESDAY, THE THIRTEENTH DAY OF MARCH
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE DR JUSTICE K MANMADHA RAO
WRIT PETITION NO: 15124 OF 2015
Between:
Alla Surekha, W/o. Chitala Jamadagni, aged about.37 years, Occ: Doctor R/o. Door No,61-15-3, V,.M.R. Road, Ramalingeshwara Nagar, Vijayawada Krishna District
...PETITIONER
AND
...RESPONDENTS
Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, Order or directionmoreparticularly one in the nature of Writ of Mandamus declaring the inaction of the Respondents No.2 and 3 in not investigating into thematterandfilingafinal report U/Sec. 173 Cr.P.C. in Crime No.103 of 2014 ofMahilaPoliceStation, Vijayawada, Krishna District as illegal and consequently direct the Respondent No.3 to complete the investigation and filethefinalreport.
I.A. NO: 1 OF 2015(WPMP. NO: 19613 OF 2015)
Petition under Section 151 CPC praying that in thecircumstances stated in the affidavit filed in support of the petition,the High Court may be pleased to expedite the hearing of the above Writ Petition.
Counsel for the Petitioner(s): SRI. T S ANIRUDH REDDY
Counsel for the Respondents 1 to 3 : GP FOR HOME
Counsel for the Respondents 4 to 8 : NONE
The Court made the following: ORDER
[3310]
APHC010001692015
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)
WEDNESDAY ,THE THIRTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE DR JUSTICE K MANMADHA RAO
WRIT PETITION NO: 15124/2015
Between:
...PETITIONER Alla Surekha
AND
State Of A P and Others Counsel for the Petitioner:
...RESPONDENT(S)
1.TS ANIRUDH REDDY
Counsel for the Respondent(S):
1.GP FOR HOME (AP)
The Court made the following: ORDER:-
This Writ Petition is filed, under Article 226 of theConstitutionof India, seeking the following relief:
"....to declaring the inaction of the Respondents No2and 3 in not investigating into the matter and filing afinalreport U/Sec 173 Cr P C in Crime No 103 of 2014 of Mahila Police Station Vijayawada Krishna District as illegal andconsequently direct the Respondent No 3 to complete the Investigationand file the final report”
2
- None represented for the Petitioners. Heard the learned Assistant Government Pleader for Home appearing for the official respondents.
- On hearing, learned Assistant Government Pleader for Home on instructions submits that as the respondent police after investigation found that the complainant lodged a false complaint against the accused/respondent Nos. 4 to 8 herein, sent a requisition to the Assistant Commissioner of Police, Central Zone, Vijayawada, to accord permission to refer the case as false and permission is awaited and therefore, requested to closed the Writ Petition as the investigation ini:_ this case is completed and nothing survives for adjudicationinthiscase.
c
3
receipt of the said notice, the petitioner is at liberty to proceed further ini the matter still he has any grievance.
- Accordingly, the Writ Petition is disposed of. There shall be no order as to costs.
As a sequel, miscellaneous applications pending, if any, shall stand closed.
//TRUE COPY//
SD/- G. HELA NAIDU ASSIST^! REGISTRAR SECTION OFFICER
To,
- Three CD Copies
Madhu
X
HIGH COURT
DATED:13/03/2024
ORDER
WP.No.15124 of 2015
DISPOSING THE WP WITHOUT COSTS
1 issue framed by the court
Whether the police inaction in not filing a final report under Section 173 Cr.P.C. in Crime No.103 of 2014 was illegal and whether they should complete the investigation.
3 provisions across 3 enactments
Alla Surekha
State of A.P., Rep. by its Principal Secretary for Home
The Commissioner of Police, Vijayawada Urban
The Station House Officer, Mahila Police Station, Vijayawada
Chittala Jamadagni
Chittala Ankama Rao
K Manmadha Rao
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
