HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY
WRIT PETITION No.41935 OF 2022
ORDER:
Heard Mr.L.V.Ramana Rao, learned counsel for the petitioner, the learned Assistant Government Pleader for Home and Mr.Ravinder Sarma, learned counsel for respondent No.4.
According to the learned Assistant Government Pleader for Home, there is no crime registered as of now.
Learned counsel for respondent No.4 submitted that interim Order dated 17.11.2022 is coming in his way in lodging a complaint directly before the police or private complaint before the concerned Magistrate. Thus, interim Order dated 17.11.2022 needs to be modified. It is stated that respondent No.4 lodged a complaint before respondent No.3, who is the Station House Officer, Asifnagar Police Station, General Diary (GD) entry was made and enquiry is being conducted.
In view of the above facts and circumstances, the writ petition is closed. However, respondent No.3 is directed to proceed with the enquiry on the complaint lodged by respondent No.4 by following the guidelines issued by the Hon'ble Supreme Court in LALITHA KUMARI v. GOVERNMENT OF U.P. In case any FIR is registered the respondent No.3 shall follow the procedure as contemplated under Section 41A of the Code of Criminal Procedure, 1973 and guidelines of the Hon'ble Supreme Court Judgment in ARNESH KUMAR v. STATE OF BIHAR shall strictly complied with.
The miscellaneous petitions pending, if any, shall stand closed. There shall be no order as to costs.
________________________ B. VIJAYSEN REDDY, J Date: 23.12.2022 AQS/YNK