Andhra Pradesh High Court - Amravati
G Nagamani vs The State Of Ap on 25 July, 2019
Author: U. Durga Prasad Rao
Bench: U. Durga Prasad Rao
HON'BLE SRI JUSTICE U. DURGA PRASAD RAO
WRIT PETITION No.3528 OF 2019
ORDER:
1. The petitioners seek a writ of mandamus declaring the inaction of official respondents in registering the F.I.R. on the complaint, dated 02.02.2019 made by the petitioners, as arbitrary, illegal, unconstitutional and against the spirit of the judgment of the Hon'ble Supreme Court in Lalita Kumari vs. Government of Uttar Pradesh and others1 and for a consequential direction to respondent No.5 to register the F.I.R. against respondent Nos.6 to 9.
2. When the matter came up for hearing, learned Government Pleader for Home, on instructions, would submit that the complaint of petitioner No.1 was registered as Crime No.176 of 2019, dated 14.07.2019, by the Police of Annavaram P.S. for the offences under Sections 447, 506, 509 and 436 R/w.34 of I.P.C. In proof of registration of the F.I.R., he produced a copy of the F.I.R. in Crime No.176 of 2019, dated 14.07.2019. However, learned counsel for the petitioners taking the Court through the date of complaint mentioned in the F.I.R. as 14.07.2019, would vehemently contend that in fact the complaint was given by the petitioners on 02.02.2019 itself and they also sent a copy of the complaint through registered post to the Station House Officer, Annavaram P.S. but for the reasons best known to the official respondents, they registered the F.I.R. belatedly on 14.07.2019 1 2014 (2) SCC 1 UDPR,J 2 W.P. No.3528 of 2019 by mentioning the date of complaint as 14.07.2019, which is palpably false.
3. As can been seen from the material papers, the date 02.02.2019 is mentioned on the copy of the police complaint. Further, the copy of the postal receipt shows that the complaint was sent by registered post on 04.02.2019 to the Station House Officer at 11:43 hours from Annavaram sub-post office. Copy of postal acknowledgment produced bears the signature and stamp of Sub-Inspector of Police Annavaram P.S. These documents prima-facie render strength to the submission of learned counsel for the petitioners. The allegations in the complaint are grave in nature depicting the offences under Sections 447, 506, 509 and 436 R/w.34 of I.P.C. When the allegations levelled disclose commission of cognizable offences, the concerned Police have no other option except to register the F.I.R. as is held in Lalita Kumari. However, the concerned Police have shown utter disdain and scant respect to the provisions of Cr.P.C. on one hand and the dictum laid down by the Hon'ble Apex Court on the other.
4. Therefore, while disposing of the writ petition, the concerned Superintendent of Police, East Godavari District, is directed to cause enquiry for the inordinate delay occurred in registration of the F.I.R. and take prompt departmental action against the errant officer within eight (8) weeks from the date of receipt of a copy of this order and report compliance to the Registrar (Judicial) of this High Court. The UDPR,J 3 W.P. No.3528 of 2019 Registry shall forward a copy of this order to the Director General of Police, Andhra Pradesh for circulation to all the police stations for future guidance.
5. As a sequel, miscellaneous petitions pending, if any, shall stand closed.
____________________________ U. DURGA PRASAD RAO, J Date:25.07.2019 Note:
Registry is directed to circulate a copy of this order to the Superintendent of Police (Urban as well as Rural), East Godavari District, Rajamahendravaram. DSH