IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA & THE STATE OF ANDHRA PRADESH (Special Original Jurisdiction) FRIDAY, THE TENTH DAY OF OCTOBER TWO THOUSAND AND FOURTEEN PRESENT THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.29506 OF 2014 BETWEEN Shaik Guljar AND ... PETITIONERS The State of Andhra Pradesh, Rep. by its Principal Secretary (Department of Revenue), A.P. Secretariat Building, Hyderabad and others.
...RESPONDENTS The Court made the following:
ORDER:
Heard.
2. The grievance of the petitioner is that she filed a complaint, dated 02.08.2014, before respondent No.3 and another complaint, dated 04.08.2014 before respondent No.2. Respondent No.2 appears to have forwarded the said complaint to respondent No.3 to conduct enquiry and report. Alleging that no action is taken by respondent No.3 on any of the said complaints, the present writ petition is filed.
3. Instructions received by the learned Government Pleader show that on the complaint of the petitioner, dated 04.08.2014, stating that on 23.07.2014 one Sk.Madar Bee had threatened the petitioner, trespassed into the house of the petitioner, beat and abused the petitioner in filthy language and, therefore, requiring the police to take appropriate action, police have enquired into the matter and filed a report before the Superintendent of Police, Kadapa, stating that there was no evidence of trespass against the persons alleged to have trespassed and abused and beat the petitioner. It is further revealed that on a private complaint of the petitioner and one Sk.Shamshad, another case in Crime No.63 of 2014 was registered against Sk.Basha and others. The investigation further reveal that the petitioner had lodged a false complaint against the accused persons and accordingly after obtaining permission from the SDPO, Rajampet, a final report was stated to have been filed before the JFCM Court, Nandalur, reporting that the case be referred as false case. Further the said Shamshad, who is found to be daughter-in-law of the petitioner, has already filed a maintenance case viz., M.C.No.3 of 2013 against her husband, which is reported to have been settled before the court on 21.12.2013. Copy of the complaint of the petitioner dated 04.08.2014 and the report submitted to the Superintendent after investigation, is also annexed.
4. In view of the aforesaid instructions, it is evident that the investigation into petitioners’ complaints has already been done and appropriate report was filed before the Jurisdictional Magistrate in accordance with law. If the petitioner is not satisfied with the said report, it is open for her to take appropriate steps by approaching the court of Judicial Magistrate of First Class, Nandalur, if she seeks to oppose the said report.
Writ petition is, accordingly, disposed of. As a sequel, the miscellaneous applications, if any, shall stand closed. There shall be no order as to costs.
VILAS V. AFZULPURKAR, J October 10, 2014 LMV