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Telangana High Court

D.Radhika vs The State Of Andhra Pradesh on 19 November, 2018

             THE HON'BLE SRI JUSTICE A.V.SESHA SAI

                           W.P.No.8131 of 2018

O R D E R:

When the matter is taken up, written instructions dated 06.11.2018 furnished by the Sub-Inspector of Police, Nagiri Police Station, Chittoor District are placed on record by the learned Government Pleader for Home. The said instructions read as under:

"It is submitted that, this is a referred complaint from the Writ Petition a case in Cr. No.124/2017 was registered for the offence U/sec.420,351,509,506 IPC and issued FIR by the Sub Inspector of Police, Nagiri P.S. The Sub Inspector of Police, Nagiri PS examined witnesses and recorded their statements. The Investigating Officer visited the scene of offence and drawn rough sketch. The Sub Inspector of Police issued Notice U/sec. 90 Cr.P.C. to the Writ Petitioner to produce the relevant documents, the Writ Petitioner did not produce any documents and did not support the investigation. Hence the investigating Officer obtained legal opinion. The Asst. Public Prosecutor of JFMC Court, Nagari opined that there is no prima facie case evidence in this case and treat to refer as FALSE after obtaining orders from the Higher Officials.
It is submitted that, the Sub Division Police Officer, Puttur issued orders vide C.No.140/SDPO- PTR/RC/2018, dated 31.05.2018. The Sub Inspector of Police, Nagiri P.S. sent the notice to the Writ Petitioner through PC 3147 and the Writ Petitioner did not receive the notice. The Police Constable PC 3147 submitted a report stating that the Writ Petitioner refused to receive the notice. Thereafter 2 the Sub Inspector of Police, Nagiri P.S. issued notice to the complainant through Registered Post with acknowledgement due on 06.11.2018 Copy of the Regd. Post receipt is filed herewith for kind perusal.
It is submitted that, the Writ Petitioner instead of filing protest petition before the Court of JudI.Magistrate of First Class, Nagiri filed the present Writ Petition with false and baseless allegations."

2. Accordingly, the writ petition is disposed of, by placing on record the above said instructions. However, it is open for the petitioner herein to avail the remedies open to him, in accordance with law. As a sequel thereto, miscellaneous petitions, if any, shall stand disposed of. There shall be no order as to costs.

______________ A.V.SESHA SAI, J Date:19.11.2018 grk 3 THE HON'BLE SRI JUSTICE A.V.SESHA SAI W.P.No.8131 of 2018 Dated: 19.11.2018 grk