HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND HON’BLE SRI JUSTICE SANJAY KUMAR W.A.No.688 of 2014 Date: 23.04.2014 Between:
Balli Varamma . Appellant AND The State of Andhra Pradesh,, represented by its Principal Secretary, Home Department, Hyderabad and others ...Respondents HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND HON’BLE SRI JUSTICE SANJAY KUMAR WRIT APPEAL No.688 of 2014 JUDGMENT: (per Hon’ble the Chief Justice Sri Kalyan Jyoti Sengupta ) We have heard the learned Counsel for the parties and have gone through the impugned judgment and order of the learned single Judge.
According to us, in a case of this nature, the writ petition should have been dismissed on the ground of maintainability, as there has not been any allegation of refusal of the officer in charge of the concerned police station to take complaint as required under Section 154 Cr.P.C. Nonetheless, the Superintendent of Police (Respondent No.3) has taken action. However, such action was not found to be effective as on today, as the accused persons therein have approached this Court by a separate writ petition, wherein proceedings in relation to police has been stayed. We feel that the learned single Judge has passed the correct order. However, we clarify that it will be open for the appellant/writ petitioner to approach the learned single Judge, if so permitted under law and advised, for taking appropriate action in the mater.
Accordingly, the Writ Appeal is dismissed. Pending miscellaneous Petitions, if any, shall also stand closed. No costs.
K.J. SENGUPTA, CJ SANJAY KUMAR, J
23-04-.2014
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