Ashok Bhushan, Ag.CJ.
Heard learned counsel for the petitioners and the learned Government Pleader. No notice is being issued to the fifth respondent, in view of the order, which is being passed.
2. By this Writ Petition the petitioners have prayed for a mandamus commanding respondents 1 to 4 to render adequate and sufficient protection to the life and property from the fifth respondent. The petitioners' case is that there is threat from the fifth respondent and their house was also trespassed at the instance of the fifth respondent. They submit that Police was informed orally and complaints were also filed, but no action is being taken on the petitioners' complaints.
3. The learned Government Pleader, after obtaining instruction, submitted that on a complaint received from WP(C).30558/14 2 the fifth respondent, the petitioners were called, but they did not appear. He submits that on the complaint filed by the fifth respondent, order has been passed by the Magistrate under Section 156(3) Cr.P.C and FIR has also been registered.
4. Be that as it may, the Police authorities may proceed with the investigation in accordance with the Code of Criminal Procedure. However, we observe that the Police shall look into the complaint submitted by the petitioner. We further observe that in case there is any offence committed or attempt to commit offence, it shall be open for the petitioners to file complaint before the Police and the Police shall look into the same and do the needful.
The Writ Petition is closed.
ASHOK BHUSHAN ACTING CHIEF JUSTICE vgs21/11/14 A.M.SHAFFIQUE JUDGE