Mohammed Abdul Kalam Khaiser vs The State Of Telangana
2023 Latest Caselaw 239 Tel

               HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY

                            WRIT PETITION No.478 OF 2023

ORDER: (ORAL)

            This writ petition is filed aggrieved by inaction of respondent

No.5-Station House Officer, S.R.Nagar Police Station, in registering

the First Information Report on the complaint dated 26.12.2022 lodged

by the petitioner against respondent Nos.6 and 7.

2. Heard and perused the material available on record.

3. The case of the petitioner is that the contents of the complaint

disclose offences punishable under Sections 386, 447, 420 and 506

read with 34 of Indian Penal Code, 1860 (for short, 'IPC'). As per the

judgment of the Honourable Supreme Court in Lalitha Kumari vs.

Government of U.P1, respondent No.5 ought to have registered the

First Information Report.

4. Learned Assistant Government Pleader for Home placed on

record the written instructions received by him. In the said written

instructions, it is stated that the complaint dated 26.12.2022 of the

petitioner was received through registered post on 28.12.2022 by the

Assistant Commissioner of Police, Punjagutta Division, who in turn

forwarded the same to respondent No.5 on 05.01.2023 for further

enquiry. Respondent No.5 made GD entry. Learned Assistant

AIR 2012 SC 1515

Government Pleader further submitted that the complaint of the

petitioner was routed through Assistant Commissioner of Police,

Punjagutta, and received by respondent No.5 on 05.01.2023.

5. As per the instructions of the learned Assistant Government

Pleader for Home, enquiry has been commenced and the contention of

the learned counsel for the petitioner that complaint of the petitioner

has not been registered is incorrect.

6. In view of the above, the writ petition is disposed of directing

respondent No.5-Station House Officer, S.R.Nagar Police Station, to

conduct enquiry on the petitioner's complaint dated 26.12.2022, which

was received by him on 05.01.2023, in accordance with the guidelines

issued by the Honourable Supreme Court in Lalitha Kumari's case

referred supra.

As a sequel thereto, miscellaneous applications, if any, pending

in the writ petition stand closed. No order as to costs.

____________________ B. VIJAYSEN REDDY, J 18.01.2023 vv