This court disposed of a writ petition upon placement of station house officer's written instructions confirming the false implication of the petitioner in a criminal case, leaving him to proceed with the matter.
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THE HON’BLE SRI JUSTICE A.V.SESHA SAI
WRIT PETITION No.37230 OF 2018
ORDER :
Heard learned counsel for the petitioner and the learned Government Pleader for Home, apart from perusing the entire material on record.
When the matter is taken up, written instructions, dated 22.10.2018, furnished by the Station House Officer, Nellore I Town Police Station, are placed on record by the learned Government Pleader. The said instructions, to the extent of their relevance to the present Writ Petition, read as under:
“It is respectfully submitted that the petitioner has given a complaint to No.3 on 01.10.2016 stating that he and his parents were subjected to cruelty by Shaik Nana Saheb daughter and discarded due to family disputes in between them, when both sides elders held negotiations in between them, a wordy altercation took place between them, when the accused beat with a stick, due to which he received injuries. On that a case was registered in Crime No.156/2016 for the offences U/s.323, 506 r/w 34 IPC of Nellore I Town P.S. That during the course of investigation L.Ws.1 to 6 were examined and the evidence of L.Ws.3 to 6 disclosed that all the contents of the FIR are exaggerated and fabricated and utterly false fare away from truth. As such the Inspector of Police, Nellore I Town P.S., had addressed a letter to the Sub-Divisional Police Officer, Nellore on 15.5.2017 to permit to refer the case as False. That the SubDivisional Police Officer, Nellore vide proceeding C.No.239/GL-SDON(T)/2017, dt.29.6.2017 has referred the case as False. It is to submit that final report will be filed before concerned Court”.
By placing on record the above written instructions, Writ Petition is disposed of. However, it is open for the petitioner herein
2
to proceed in accordance with law. There shall be no order as to
costs.
Miscellaneous petitions pending, if any, shall stand closed.
__________________ A.V.SESHA SAI, J
26th October, 2018 Tsy
Petitioner
State of Andhra Pradesh
A.V.Sesha Sai
As recorded by the court registry
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