In this writ petition, the petitioner sought direction to register a crime and take action against named respondents. The High Court observed that a final report had been filed and notice served, allowing the petitioner to avail statutory remedies, and thus disposed of the petition.
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THE HON’BLE SRI JUSTICE A.RAJASHEKER REDDY
W.P.NO.8285 OF 2018
O R D E R
Alleging that respondents 2 to 4 are not registering the crime based on the complaint lodged by the petitioner on 2.12.2017 against respondents 5 and 6 – police authorities and other offenders in Crime No.176 of 2017, the present writ petition is filed for a direction to take appropriate action against them in accordance with law.
Learned Assistant Government Pleader for Home produced written instructions of Assistant Sub Inspector of Police, Kallur Police Station, Khammam dated 14.03.2018 denying the allegations of the petitioner. In the written instructions it is stated that on registration of the crime in Cr.No.176/ 2017, under Sections 447, 379 read with 34 IPC., investigation was taken up and witnesses were examined and it revealed that allegations of the petitioner, who is the complainant, are ‘false’ and accordingly after obtaining permission from the competent authority, final report was filed before the court of Judicial First Class Magistrate at Sathupallui on 20.11.2017, and the same is pending consideration. Petitioner was also served with notice dated 13.11.2017.
Heard the petitioner, who appeared as party-in-person and the learned Assistant Government Pleader for Home.
Petitioner disputed receipt of notice dated 13.11.2017. Today, during the course of hearing, learned Assistant Government Pleader for Home served notice dated 13.11.2017 intimating that his complaint has been investigated and that it disclosed that the allegations are ‘false’.
Since final report dated 20.11.2017 is filed before the court and the petitioner is also served with notice, it is open to him to avail the remedies available under law.
Petitioner submits that he has given one more complaint. If that is so, the authority concerned, shall take action on the same in accordance with law.
With the above observation, writ petition is disposed of.
Interlocutory applications pending, if any, shall stand closed. No
costs.
costs.
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A.RAJASHEKER REDDY,J
DATE:25—07—2018
AVS
1 issue framed by the court
Whether the petitioner can avail remedies under law after a final report was filed and service of notice was completed.
Petitioner
Assistant Government Pleader for Home
Assistant Sub Inspector of Police, Kallur
A. Rajasheker Reddy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
