Thota Venkata Seshaiah v. Deputy Superintendent of Police, Kavali, SPSR Nellore District, Andhra Pradesh & Ors.
Case at a glance
Provisions considered
- Code of Criminal Procedure, 1973 s. 200
- Constitution of India art. 226
Judgment
THE HON’BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.9841 of 2012 ORDER: Heard learned counsel for the petitioner and learned Government Pleader for Home appearing for respondents 1 and 2. This writ petition is filed seeking directions by way of Mandamus declaring the inaction on the part of respondents 1 and 2 on the complaints of the petitioner dated 21.09.2011 and 22.09.2011, as arbitrary and illegal and consequently direct them to register the above complaints and investigate the same. It is the case of the petitioner that he is a resident of Kavali and is a President of Prajavedika. It is alleged that on behalf of the said Prajavedika, he made a representation to the Commissioner, Kavali Municipality – the 3rd respondent, complaining about the encroachments over the public properties. In this writ petition, it is the grievance of the petitioner that when his brother - Thota Sri Hari, Ex-Councilor of Kavali Municipality, went to the 3rd respondent with regard to the issue of providing street lights in his Ward, the 3rd respondent abused him and his mother in filthy language in the presence of Ex-Chairman and also threatened him that he would kidnap and kill him.
On coming to know about the same through his brother, the petitioner has lodged a complaint on 21.09.2011 before the 2nd respondent and has also lodged another complaint on 22.09.2011 before the 1st respondent, but in spite of the same, no action has been taken by respondents 1 and 2 on such complaints. When the matter came up on 10.04.2012, it was adjourned to enable learned Assistant Government Pleader for Home to obtain instructions. On the basis of written instructions received from the Sub-Inspector of Police, Kavali I-Town Police Station, it is submitted by the learned Assistant Government Pleader that the allegations made by the petitioner are false and they did not receive any complaints dated 21.09.2011 and 22.09.2011, and that no entries were also made in the General Diary. In view of the submission made by the learned Assistant Government Pleader and in the absence of receiving any complaints from the petitioner, no directions can be granted as prayed for.
In any event, if the complaints of the petitioner are not registered, it is always open for him to avail the remedies open under the Criminal Procedure Code, including the one of filing a private complaint under Section 200 Cr.P.C. In that view of the matter and in view of the Judgment of the Hon’ble Supreme Court in the case of Sakiri Vasu v. State of U.P. and others [1] , no direction can be granted as prayed for in this writ petition filed under Article 226 of the Constitution of India. For the aforesaid reasons, the writ petition is devoid of merit and is accordingly dismissed. No order as to costs. As a sequel, W.P.M.P.No.12445 of 2012 stands dismissed.
17.04.2012 KH ______________________ R. SUBHASH REDDY, J [1] AIR 2008 SC 907
Questions this judgment answers
Which statutory provisions did this judgment involve?
Code of Criminal Procedure, 1973 — s. 200; Constitution of India — art. 226.
Which court decided this case, and when?
Andhra Pradesh High Court, on 17 Apr 2012. The bench was R SUBHASH REDDY.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.