Mugu Raju vs The State Of Andhra Pradesh
2021 Latest Caselaw 1269 AP

  HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY

                Writ Petition No.4681 of 2021

Order:

     Heard learned counsel for the petitioner and the learned

Assistant Government Pleader for Home appearing for the

respondents 1 to 3.

     2. The grievance of the writ petitioner is that the report

lodged by him disclosing commission of a cognizable offence

with the 3rd respondent-Station House Officer of III Town Police

Station, Kakinada, was not registered as an FIR and the same is

not investigated. It is also his grievance that a representation

was made to the 2nd respondent-Superintendent of Police, East

Godavari District, Kakinada, complaining against the said

inaction on the part of the 3rd respondent in registering the FIR

on the basis of the report lodged by him and the same is also

not being considered.

     3. Although the petitioner sought a direction to the

3rd respondent to register the report as an FIR, the same cannot

be ordered in view of the settled law that Writ does not lie to

order for registration of FIR and the petitioner has to exhaust

his other remedies available to him under Criminal Procedure

Code in view of       the latest judgment of this Court in

W.P.No.8384 of 2020 and batch, dated 30-7-2020.

     4. However, as it is stated that the petitioner has

submitted a representation to the 2nd respondent complaining

against the inaction of the 3rd respondent in registering the FIR
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in terms of Section 154(3) of Cr.P.C., this Court is of the view

that this writ petition can be disposed of with a direction to the

2nd respondent to consider the said representation of the

petitioner and dispose of the same according to law.

     5. Therefore, this writ petition is disposed of with

a direction to the 2nd respondent-Superintendent of Police, East

Godavari District, Kakinada, to consider the representation of

the petitioner submitted to him complaining against the

inaction of the 3rd respondent in registering the FIR and dispose

of the same according to law within two weeks from the date of

receipt of copy of this order or from the date on which copy of

this order is placed before him by the petitioner.       Pending

applications, if any, shall stand closed. No costs.


                      _________________________________________
                      CHEEKATI MANAVENDRANATH ROY, J.

02nd March, 2021.

Note:-

Issue C.C. by 03-3-2021. (B/o) Ak

HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY

Writ Petition No.4681 of 2021

02nd March, 2021.

(Ak)