Telangana High Court
Smt.Mandala Nirmala vs Govt.Of Telangana,Prl.Scy,Home,Hyd, ... on 4 January, 2022
Author: Shameem Akther
Bench: Shameem Akther
HIGH COURT OF JUDICATURE AT HYDERABAD
FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH
WEDNESDAY, THE TENTH DAY OF SEPTEMBER,
TWO THOUSAND AND FOURTEEN
:PRESENT:
THE HON'BLE SRI JUSTICE NOOTY RAMAMOHANA RAO
WP .NO: 24468 of 2014
Between:
Smt. Mandala Nirmala, W/o. Sri S.N.Mallikarjuna Rao
..... Petitioner
AND
1. Government of Telangana, rep. by its Principal Secretary - Home, Secretariat, Hyderabad.
2. The Station House Officer, Khammam II Town Police Station, Khammam.
3. Boyina Krishna, S/o. Sri Venkata, Occ: Reporter - Namasthe Telangana Newspaper, R/o. H.No. 8-70,
Pandurangapuram, Khammam.
.....Respondents
Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed
herein, the High Court may be pleased to issue a Writ of Mandamus, or any other appropriate writ, order or direction,
declaring the action of the 2nd Respondent in not registering FIR pursuant to the Petitioner's Complaint dated. 31-7-2014
which was duly acknowledged vide Receipt No.18, dated. 1-8-2014, as illegal and arbitrary and further direct the 2nd
Respondent to register the FIR and conduct investigation.
The petition coming on for hearing, upon perusing the Petition and the affidavit filed herein and upon hearing the
arguments of Sri V.Ch.Naidu, Advocate for the Petitioner and of G.P. for Home for the Respondents 1 & 2, the Court
made the following
ORDER:
" The petitioner, who was working as an Assistant Motor Vehicles Inspector, has lodged a complaint with II Town Police Station, Khammam on 01.08.2014. That was received and an acknowledgment was also passed, but however, the said complaint has not been registered by the police so far. Hence, this Writ Petition is filed.
On 26.08.2014, an order was passed directing the 2nd respondent Station House Officer, Khammam II Town Police Station to explain as to why an adverse report should not be filed against him for taking major disciplinary proceedings by the State for failing to register the complaint lodged by the petitioner.
In response thereto, the Sub-Inspector of Police/Station House Officer, Khammam II Town Police Station made available instructions to the learned Assistant Government Pleader for Home, in writing, on 30.08.2014. It discloses that the complaint lodged by the 3rd respondent, who is stated to be a press reporter of Namaste Telangana newspaper, has been registered on 31.07.2014 by II Town Police Station, Khammam as Crime No. 348 of 2014 for the offences under Sections 324, 294 (b) and 506 of the Indian Penal Code against the petitioner herein and she was arrested on 31.07.2014 itself and was later on, enlarged on bail. It is now further stated that the petitioner has lodged a complaint on 01.08.2014, but however, an enquiry into the said complaint was conducted by the police and it revealed that she lodged a false complaint against the 3rd respondent.
..2..
I fail to understand as to wherefrom the police get the power to conduct an enquiry into a complaint, which discloses commission of a cognizable offence. The first step required to be undertaken by the police is to register every complaint, which discloses commission of cognizable offences, strictly in accordance with sub- section (1) of Section 154 of the Code of Criminal Procedure and thereafter, undertake the investigation. Instead of doing this, the police seem to have received the complaint and conducted an enquiry. Therefore, there appears to be a clear dereliction of duties on the part of the 2nd respondent herein.
Hence, pending further consideration of this Writ Petition, the Superintendent of Police, Khammam is directed to initiate necessary disciplinary proceedings against the 2nd respondent for his dereliction of duties in this regard and file a report with regard to the action taken against him, for which purpose, post this Writ Petition after two months."
ASSISTANT REGISTRAR //TRUE COPY// for ASSISTANT REGISTRAR To
1. The Superintendent of Police, Khammam. (By Speed Post/RPAD)
2. The Principal Secretary - Home, Government of Telangana, Secretariat, Hyderabad.
3. The Station House Officer, Khammam II Town Police Station, Khammam.
4. Boyina Krishna, S/o. Sri Venkata, Occ: Reporter - Namasthe Telangana Newspaper, R/o. H.No. 8-70, Pandurangapuram, Khammam.
5. Two CCs to G.P. for Home, High Court, Hyd(OUT)
6. One CC to Sri V.Ch.Naidu, Advocate(OPUC)
7. One spare copy.
SAH HIGH COURT NRRJ DATED: 10-09-2014 NOTE: POST THIS WRIT PETITION AFTER TWO MONTHS ORDER WP.NO. 24468 OF 2014 DIRECTION DRAFTED BY: SAH APPROVED BY:
DRAFTED ON: 12-09-2014 HIGH COURT NRRJ DATED: 10-09-2014 NOTE: POST THIS WRIT PETITION AFTER TWO MONTHS ORDER WP.NO. 24468 OF 2014 DIRECTION