Citation : 2022 Latest Caselaw 8619 AP
Judgement Date : 9 November, 2022
HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO
WRIT PETITION No.35297 of 2022
ORDER:
The petitioner has approached this Court with the
contention that a complaint filed by the petitioner before the
4th respondent-police station is not being accepted and that
the Spandana petition filed before the Superintendent of
Police had also not resulted in any action being taken by the
4th respondent. The said refusal to register a complaint is
arbitrary and seeks a direction of this Court to the 4th
respondent to register a complaint and investigation the
matter.
2. The learned Assistant Government Pleader for
Home has produced written instructions given by the 4th
respondent. In these written instructions, it is stated that an
informal inquiry had been conducted in the matter and it had
come to light that the petitioner was not available at the
scene of offence itself on the day, the offence is said to have
taken place.
3. Be that as if may, the Judgments of this Court as
well as the Judgments of the Hon'ble Apex Court are to the
effect that any Writ Petition seeking registration of complaints
would not be maintainable before this Court and that the
remedy available to the petitioner is to approach the
Superintendent of Police and Criminal Court of appropriate
jurisdiction for registration of complaints.
4. In that view of the matter, this Writ Petition is
disposed of leaving it open to the petitioner to avail of his
remedies under the law. There shall be no order as to costs.
As a sequel, pending miscellaneous petitions, if
any, shall stand closed.
____________________________ R. RAGHUNANDAN RAO, J.
09.11.2022 BSM
HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO
WRIT PETITION No.35297 of 2022
09.11.2022
BSM
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