HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY
WRIT PETITION No.478 OF 2023
ORDER: (ORAL)
This writ petition is filed aggrieved by inaction of respondent
No.5-Station House Officer, S.R.Nagar Police Station, in registering the First Information Report on the complaint dated 26.12.2022 lodged by the petitioner against respondent Nos.6 and 7.
2. Heard and perused the material available on record.
3. The case of the petitioner is that the contents of the complaint disclose offences punishable under Sections 386, 447, 420 and 506 read with 34 of Indian Penal Code, 1860 (for short, 'IPC'). As per the judgment of the Honourable Supreme Court in Lalitha Kumari vs. Government of U.P1, respondent No.5 ought to have registered the First Information Report.
4. Learned Assistant Government Pleader for Home placed on record the written instructions received by him. In the said written instructions, it is stated that the complaint dated 26.12.2022 of the petitioner was received through registered post on 28.12.2022 by the Assistant Commissioner of Police, Punjagutta Division, who in turn forwarded the same to respondent No.5 on 05.01.2023 for further enquiry. Respondent No.5 made GD entry. Learned Assistant 1 AIR 2012 SC 1515 2 Government Pleader further submitted that the complaint of the petitioner was routed through Assistant Commissioner of Police, Punjagutta, and received by respondent No.5 on 05.01.2023.
5. As per the instructions of the learned Assistant Government Pleader for Home, enquiry has been commenced and the contention of the learned counsel for the petitioner that complaint of the petitioner has not been registered is incorrect.
6. In view of the above, the writ petition is disposed of directing respondent No.5-Station House Officer, S.R.Nagar Police Station, to conduct enquiry on the petitioner's complaint dated 26.12.2022, which was received by him on 05.01.2023, in accordance with the guidelines issued by the Honourable Supreme Court in Lalitha Kumari's case referred supra.
As a sequel thereto, miscellaneous applications, if any, pending in the writ petition stand closed. No order as to costs.
____________________ B. VIJAYSEN REDDY, J 18.01.2023 vv