HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.38092 OF 2014 Date:23.12.2014 Between:
Pedapati Babitha .. Petitioner And The Sate of Andhra Pradesh, Rep., by its Principal Secretary, Home Department, Hyderabad and others .. Respondents HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.38092 OF 2014 ORDER:
The grievance of the petitioner in this Writ Petition is that on her complaint dated, 27.09.2014, neither F.I.R. is registered nor investigation is taken up.
The instructions of the learned Government Pleader for Home show that on the complaint of the petitioner, the Superintendent of Police, Rajahmundry Urban District forwarded the same to the Station House Officer, Rajahmundry III Town L&O Police Station, Rajahmundry, to treat it as F.I.R. and F.I.R. in Crime No.514 of 2014 was registered under Sections 354, 341, 323 read with Section 34 I.P.C. on 03.10.2014. It is further stated that investigation is take up and eight witnesses are examined, including the petitioner and her sister as LW.1 and the investigation so far reveals that except the complainant there is no individual witness supporting her version. It is also stated that previously family members of the complainant and the accused persons have disputes in two criminal cases and Crime Nos.256 of 2013 and 427 of 2014, which were already pending before the I Town Police Station, West Godavari District and III Town L&O Police Station, Rajahmundry, respectively, were registered. On the basis of investigation, the investigating officer has submitted the proposal to the Deputy Superintendent of Police, Central Zone, Rajahmundry, to refer the case as false case, however, no orders so far are received.
In the instant case, not only F.I.R was registered, but investigation was also completed to a substantial extent. The petitioner has filed the present Writ Petition on 09.12.2014, apparently, without verifying the basic factual position that the crime was registered and statements of the petitioner and her sister have already been recorded by the Police. The present Writ Petition is filed as if F.I.R. is not registered and no investigation is taken up, which is abuse of process of Court and the petitioner is required to be burdened with costs. However, in view of circumstances pleaded by the learned counsel for the petitioner, the Writ Petition is dismissed without costs.
Miscellaneous petitions, if any, pending in this Writ Petition shall stand closed.
VILAS V. AFZULPURKAR, J
23.12.2014 KH