THE HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY
Writ Petition No.45040 of 2022
ORDER: (Oral)
This Writ Petition is filed by the petitioners under
Article 226 of the Constitution of India seeking a Writ of
Mandamus to declare the action of 4th respondent in not
receiving complaint dated 07/12/2022 of the petitioner and not conducting investigation in any manner and non- initiating to take action against 5th respondent as being arbitrary, unjust, illegal and in violation of Article 21 of the Constitution of India and also in contravention of the judgment of the Hon'ble Apex Court in Lalita Kumari vs. Government of Uttar Pradesh1; consequently, to direct the 4th respondent to receive the complaint dated 07/12/2022 of the petitioner and conduct investigation and take action against 5th respondent in accordance with law under the vigil of 3rd respondent; to direct respondent Nos.2 and 3 to take action immediately against 4th respondent by suspending and/ or removing him from service as per law and also issue general directions/ 1 (2014) 2 SCC 1 ::2:: BVR,J wp_45040_2022 guidelines in regard with the investigation by Police Officers of Telangana State in cases brought before them more particularly; and direct the respondent Nos.1 to 3 to initiate the system of online lodging of complaints and automatic online generation of acknowledgement receipt for registration of First Information Report in the State of Telangana.
2. Heard Mr. B. Akash Kumar, learned counsel for the petitioners; and the learned Additional Government Pleader for Home, for respondent Nos.1 to 4 and 6.
3. Learned counsel for the petitioners contended that after filing the present Writ Petition, the official respondents have registered a case in F.I.R.No.23 of 2023 on the file of Police Station, Saifabad, and therefore the cause in the Writ Petition no longer survives for adjudication; but, however, prayed this Court that a direction be given to the Station House Officer / Investigating Officer, Police Station, Saifabad to comply with procedure as contemplated under Section 41-A of Criminal Procedure Code, 1973 and also as per the guidelines issued by the Hon'ble Apex Court in Arnesh ::3:: BVR,J wp_45040_2022 Kumar vs. State of Bihar2 while conducting investigation in connection with F.I.R.No.847 of 2022, dated 18.11.2022, on the file of Women Police Station, City Crime Station (C.C.S.), Hyderabad.
4. On the other hand, learned Additional Government Pleader for Home, appearing for respondent Nos.1 to 4 and 6, contended that notice under Section 41-A of Criminal Procedure Code, 1973 was issued to the petitioner.
5. In reply, learned counsel for the petitioners contended that there is an apprehension that the police may manhandle the petitioners in retaliation to the action of petitioners in filing the present Writ Petition; and therefore, prayed this Court to pass appropriate orders in the Writ Petition.
6. In view of above, this Court is of the considered view that the present Writ Petition can be disposed of by directing the police officials / 5th respondent to comply with the guidelines as enumerated by the Hon'ble Apex 2 (2014) 8 S.C.C. 273 ::4:: BVR,J wp_45040_2022 Court in Arnesh Kumar (2 supra) while conducting investigation in F.I.R.No.847 of 2022, dated 18.11.2022.
7. Accordingly, the Writ Petition is disposed of as above. No costs.
8. As a sequel, miscellaneous applications pending if any in this Writ Petition, shall stand closed.
_________________________ B. VIJAYSEN REDDY, J Date : 27.01.2023 Ndr