WRIT PET IT ION No. 30801 of 2011 · Andhra Pradesh High Court

The relief sought for in this Writ Petition is to declare the action of respondent Nos.7 and 8 (both of them police men), in assaulting the petitioner without any cause, as arbitrary and illegal. A consequential direction is sought to respondent Nos.7 and 8 not to harass the petitioner in any manner after filing of this Writ Petition; to respondent Nos.3 and 4 to take immediate action against respondent Nos.7 and 8; and to pay compensation to the petitioner forthwith. On being asked as to whether a complaint had been filed against respondent Nos.7 and 8 before any police station, or by way of a private complaint before the Magistrate concerned,

Sri C. Ajay Kumar, Learned Counsel for the petitioner, would fairly state that no such complaint has as yet been made. It is only after a complaint is made can any direction be issued. As no complaint has been made till date, I see no reason to exercise discretion to entertain the Writ Petition. Even in cases where a complaint is made, and for failure on the part of the police officials to register the complaint, the petitioner has a remedy of approaching the Magistrate concerned under Section 156 (3) of the Code of Criminal Procedure, 1973 (Cr.P.C.). Leaving it open to the petitioner either to file a complaint in this regard before the Station House Officer, or a private complaint before the Magistrate concerned, under the provisions of Cr.P.C., the Writ Petition is dismissed. However, in the circumstances, without costs. November 22, 2011 MD _____________________________ RAMESH RANGANAT HAN, J T HE HON'BL E SRI JUST ICE RAMESH RANGANAT HAN WRIT PET IT ION No.30801 OF 2011 MD November 22, 2011