Vemuru Harikrishna Prasad vs The State Of Andhra Pradesh
2021 Latest Caselaw 2715 AP

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                                                                 CMR, J.
                                                     W.P.No.14753 of 2021




THE HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY

                  Writ Petition No.14753 of 2021

ORDER:

The grievance of the writ petitioner is that in spite of

referring the complaint, filed by him before the learned I

Additional Chief Metropolitan Magistrate, Vijayawada, Krishna

District, to the police for investigation and report under Section

156(3) Cr.P.C. in the year 2019, that the Investigating Officer

did not register the case till now.

2) Therefore, the petitioner is before this Court seeking

mandamus declaring the action of the 5th respondent in not

investigating the case, as illegal, arbitrary and unconstitutional

and consequently, sought direction to the 5th respondent to

investigate the case.

3) Heard learned counsel for the petitioner and learned

Government Pleader for Home for respondents.

4) The facts of the case show that on a complaint filed by the

petitioner before the learned I Additional Chief Metropolitan

Magistrate, Vijayawada, the same was referred under Section

156(3) Cr.P.C. by the learned Magistrate to the 5th respondent

Station House Officer, Machavaram Police Station, for

investigation and report long back on 01.04.2019. Now, the

grievance of the writ petitioner is that till now the 5th

respondent did not register the case and did not investigate the

case. If that be the grievance of the petitioner, the appropriate

CMR, J.

W.P.No.14753 of 2021

remedy to the petitioner is not by way of filing the writ petition,

but he has to approach the learned Magistrate who passed the

order under Section 156(3) Cr.P.C. to take appropriate action

against the 5th respondent for disobeying the order and

direction of the learned Magistrate in not registering the case

and investigating the same. It is well settled law that the

Magistrate who passed the order under Section 156(3) Cr.P.C.

is empowered under law to take appropriate action against the

concerned police officer, who disobeyed the order of the Court

and did not comply with the direction of the Court.

5) The Apex Court in the case of Sakiri Vasu v. State of

U.P.1 clearly dealt with the powers of the Magistrate to proceed

against the police officials who did not comply with the

direction of the Court and to register the F.I.R. Apart from the

legal position dealt with by the Apex Court in the said

judgment, even in the scheme of Criminal Procedure Code,

there are certain provisions, which can be invoked by the

learned Magistrate for taking appropriate action against the

erring police officials, who did not register the F.I.R. pursuant

to the direction given by the learned Magistrate under Section

156(3) Cr.P.C. Therefore, the learned Magistrate can as well

invoke the powers conferred on him under the Cr.P.C. to

initiate appropriate action against the 5th respondent for not

complying with his judicial order and the direction.

(2008) 2 SCC 409

CMR, J.

W.P.No.14753 of 2021

6) In fact, it is really shocking to note that the 5th

respondent did not register the F.I.R. till now pursuant to the

direction of the learned Magistrate for more than two years

period of time.

7) Therefore, in view of the above legal position, as remedy is

available to the petitioner to approach the learned Magistrate,

the Writ Petition is disposed of with a direction to the petitioner

to approach the learned Magistrate, who passed the order

under Section 156(3) Cr.P.C. to initiate appropriate action

against the 5th respondent for not complying with the order of

the Court. No costs.

Consequently, miscellaneous applications, pending if any,

shall stand closed.

________________________________________________ JUSTICE CHEEKATI MANAVENDRANATH ROY Date:29.07.2021.

Note:

Issue C.C. by 30.07.2021.

B/O cs