In this writ petition challenging police inaction under Article 226, the petitioner sought investigation and police protection. The Court noted that a charge sheet was filed and directed the petitioner to file a separate application for police protection.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
THE HON'BLE SRI JUSTI CE A.V.SESHA SAI
W.P.No.6517 of 2018
ORDER :
This writ petition filed under Article 226 of the Constitution of India,
with the following prayer:
“To declare the inaction on the part of the first respondent police in not taking any action pursuant to the complaint of the petitioners dated 10 6 2017 in Cr No 102 of 2017 of Dammapet Police Station by investigating into the offences involved in the said crime and by arresting the accused and providing necessary police protection for implementing the orders passed by the Honble Sub-Divisional Magistrate and Special Assistant Agent to Government Mobile Court Bhadrachalam passed in IA No 541 of 2016 in OS No 492 of 2016 dated 26 10 2016 as illegal arbitrary unjust apart from violative of principles of natural justice and against the mandatory provisions of the Code of Criminal Procedure and ii to consequently direct the respondent police to investigate into Cr No 102 of 2017 of Dammapet Police Station registered for the offences under Secs 447 427 323 506 IPC read with Sec 1563 Cr P C by arresting the accused who are involved in the said crime and by providing necessary police protection to the petitioners in cultivating the lands in Sy Nos 323/A to an extent of Ac 2 25 guntas Sy No 323/ AA to an extent of Ac 6 00 Sy No 323/E to an extent of Ac 8 36 guntas and Sy No 324 to an extent of Ac 4 09 guntas totaling to an extent of Ac 21 29 guntas situated at Kothuru village Patwarigudem Panchayat Dammapet Mandal Bhadradri District”.
Today, when the matter is taken up, it is submitted by the learned Government Pleader for Home that the Police have already filed a charge sheet on 23.2.2018.
The same is recorded. With regard to granting of police protection, it is open for the petitioner to file an appropriate application in the pending civil proceedings.
With the above observations, the writ petition is accordingly disposed of. As a sequel, the miscellaneous petitions, if any, shall stand closed. There shall be no order as to costs.
_________________ A.V. SESHA SAI , J
Date: 3.12.2018 DA
THE HON'BLE SRI JUSTI CE A.V.SESHA SAI
W.P.No.6517 of 2018
3.12.2018
2 issues framed by the court
Whether the police took sufficient action to investigate the registered FIR.
Whether the court should direct the police to investigate and arrest accused.
3 provisions across 3 enactments
Petitioners
Police and First Respondent
A.V. Seshasai
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
