G. NAGAMANI Vs. STATE OF ANDHRA PRADESH
LAWS(APH)-2019-7-22
HIGH COURT OF ANDHRA PRADESH
Decided on July 25,2019

G. Nagamani Appellant
VERSUS
STATE OF ANDHRA PRADESH Respondents


Referred Judgements :-

LALITA KUMARI VS. GOVT. OF U.P. [REFERRED TO]


JUDGEMENT

- (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 v. Government of Uttar Pradesh and others 2014 (2) SCC 1 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, 509and 436 R/w.34of 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 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 acknowledgement 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, 509and 436R/w.34of 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.
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