Devanand Shah vs The State Of Telangana And 3Others
2022 Latest Caselaw 6951 Tel

         HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY

                WRIT PETITION No.41935 OF 2022

ORDER:

Heard Mr.L.V.Ramana Rao, learned counsel for the

petitioner, the learned Assistant Government Pleader for Home

and Mr.Ravinder Sarma, learned counsel for respondent No.4.

According to the learned Assistant Government Pleader for

Home, there is no crime registered as of now.

Learned counsel for respondent No.4 submitted that interim

Order dated 17.11.2022 is coming in his way in lodging a

complaint directly before the police or private complaint before the

concerned Magistrate. Thus, interim Order dated 17.11.2022

needs to be modified. It is stated that respondent No.4 lodged a

complaint before respondent No.3, who is the Station House

Officer, Asifnagar Police Station, General Diary (GD) entry was

made and enquiry is being conducted.

In view of the above facts and circumstances, the writ

petition is closed. However, respondent No.3 is directed to proceed

with the enquiry on the complaint lodged by respondent No.4 by

following the guidelines issued by the Hon'ble Supreme Court in

LALITHA KUMARI v. GOVERNMENT OF U.P. In case any FIR is

registered the respondent No.3 shall follow the procedure as contemplated under Section 41A of the Code of Criminal

Procedure, 1973 and guidelines of the Hon'ble Supreme Court

Judgment in ARNESH KUMAR v. STATE OF BIHAR shall strictly

complied with.

The miscellaneous petitions pending, if any, shall stand

closed. There shall be no order as to costs.

________________________ B. VIJAYSEN REDDY, J Date: 23.12.2022 AQS/YNK