THE HON'BLE THE CHIEF JUSTICE UJJAL BHUYAN
AND
THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY
WRIT APPEAL No.759 of 2022
JUDGMENT: (Per the Hon'ble the Chief Justice Ujjal Bhuyan)
Heard Mr. V.Venkata Mayur, learned counsel for the
appellant and Mr. M.Roopender, learned Government Pleader
for Home for respondent Nos.1 to 4.
2. This appeal is directed against the order dated 02.09.2022 passed by the learned Single Judge dismissing Writ Petition No.34258 of 2022 filed by the appellant as the writ petitioner.
3. From the materials on record, we find that petitioner was arrested by the 5th respondent, who is a Police Officer, in the year 2012. It further appears that the criminal case arising out of such arrest resulted in the acquittal of the appellant.
2 HCJ & CVBRJ
W.A.No.755 of 2022
4. According to the appellant, he was arrested in a bailable offence in the year 2012 by the 5th respondent without following the guidelines laid down by the Supreme Court in Arnesh Kumar v. State of Bihar1. Therefore he lodged a representation on 08.02.2022 before the Superintendent of Police, Suryapet for taking departmental action against the 5th respondent.
5. Learned Single Judge noted that firstly the decision of the Supreme Court came in the year 2014 whereas the arrest was made much prior thereto in the year 2012. Therefore, for the alleged non-compliance of the guidelines laid down in Arnesh Kumar (supra) in 2012, no order could be passed against the 5th respondent. That apart, learned Single Judge noted that appellant had filed representation 10 years after his arrest by the 5th respondent. There was no explanation for such inordinate delay. In the circumstances, learned Single Judge did not find any good reason to direct 1 (2014) 8 SCC 273 3 HCJ & CVBRJ W.A.No.755 of 2022 the respondents to consider the representation of the appellant and consequently dismissed the writ petition.
6. We concur with the views expressed by the learned Single Judge. We find no merit in the appeal.
7. Writ Appeal is accordingly dismissed. However, there shall be no order as to costs.
8. As a sequel, miscellaneous applications pending, if any, in this Writ Appeal, shall stand closed.
__________________________ UJJAL BHUYAN, CJ ___________________________ C.V.BHASKAR REDDY, J Date: 25.11.2022 KL