Andhra Pradesh High Court - Amravati
Dasari Narayana Swamy, vs State Of Andhra Pradesh, on 11 September, 2019
Author: G Shyam Prasad
Bench: G. Shyam Prasad
HON'BLE SRI JUSTICE G. SHYAM PRASAD
WRIT PETITION NO.7315 OF 2019
ORDER:
This is a Writ of Mandamus filed by the petitioner for a direction to the respondents 4 and 5 to register the complaint dated 27.05.2019 in respect of Kidnap case.
2. Heard the arguments of the learned counsel for the petitioner and the learned Government Pleader for Home.
3. Learned counsel for the petitioner submits that the petitioner has sent the complaint dated 27.05.2019 to the police by Registered post with acknowledgment due and filed the Xerox copies of certificate of posting.
4. Learned Government Pleader for Home submits that the police have not received any complaint of the petitioner on that date. In case, if the police have received any complaint, they would consider it, in accordance with law.
5. In the circumstances mentioned in this case, the petitioner's contention is that the petitioner sent a complaint dated 27.05.2019 to the police, but the respondent's contention is that they did not receive the same.
6. In view of the facts and circumstances of the case, the petitioner is unable to produce any material to show that the complaint has been received by the police. Therefore, the petitioner is given liberty to file a fresh complaint in respect of the same allegations and the police shall consider the same in accordance 2 with law by following the Hon'ble Supreme Court judgment 1 reported in Lalita Kumari vs Govt. of U.P.& Ors .
7. With the above observation, the Writ Petition is disposed of. There shall be no order as to costs.
Miscellaneous Petitions, if any pending, shall also stand closed.
_______________________ G SHYAM PRASAD,J Date: 11-09-2019 Gvl 1 (2014) 2 SCC 1 3 HON'BLE SRI JUSTICE G. SHYAM PRASAD WRIT PETITION No.7315 OF 2019 Date : 11-09-2019 Gvl 4